20051031Amendment.pdf

STOEL
ECEIVED
!LFCi 101 S. Capitol Boulevard, Suite 1900
Boise, Idaho 83702
main 208.389.9000
fax [phone]
www.stoel.com
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ATTORNEYS AT LAW , i Ii CoY'ThV~SIOl!
October 28, 2005
MARY S. HOBSON
Direct [phone]
mshobson~stoel.com
VIA HAND DELIVERY
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
Re:Case No. USW- T -00-
APPLICATION FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Electric Lightwave, Inc.
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and three
(3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that this matter be placed on the Commission Decision
Meeting Agenda for expedited approval.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this matter.
Very truly yours
fi~J:;
Mary S. ffiJbson
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Oregon
Washington
California
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Boise-189098.1 0029164-00016 Idaho
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Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~252(e)
CASE NO.USW- T -00-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby files this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public
Utilities Commission on October 11, 2000 (the "Agreement"). The Amendment with Electric
Lightwave, Inc. ("ELI") is submitted herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act"
Section 252( )(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
Qwest respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the Commission approve this Amendment expeditiously.
This Amendment is consistent with the public interest as identified in the pro-competitive
policies of the State of Idaho, the Commission, the United States Congress, and the Federal
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 1
Electric Lightwave, Inc.
CLEC-to-CLEC Cross Connections
Boise-189099.10029164-00016
Communications Commission. Expeditious approval of this Amendment will enable ELI to
interconnect with Qwest facilities and to provide customers with increased choices among local
telecommunications services.
Qwest further requests that the Commission approve this Amendment without a hearing.
Because this Amendment was reached through voluntary negotiations, it does not raise issues
requiring a hearing and does not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this 28th day of October, 2005.
Qwest Corporation
M~1.
Stoel Rives LLP, Attorneys for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2
Electric Lightwave, Inc.
CLEC-to-CLEC Cross Connections
Boise-189099.1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 28th day of October, 2005 , I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
ij ewell~puc. state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Jenny Smith
Electric Lightwave, Inc.
9260 East Stockton Boulevard
Elk Grove, CA 95624
Telephone: [phone]
Facsimile: [phone]
j esmi th~czn. com
/-
/l ~th1Brandi L. McMahon, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 3
Electric Lightwave, Inc.
CLEC-to-CLEC Cross Connections
Boise-189099.l 0029164-00016
CLEC-to-CLEC Cross Connections Amendment
to the Interconnection Agreement between
Qwest Corporation
and
Electric Lightwave, Inc.
for the State of Idaho
This is an Amendment CAmendment"to the Interconnection Agreement between
Qwest Corporation ("Qwest") , a Colorado corporation , and Electric Lightwave, Inc. ("CLEC"), a
Delaware corporation.
RECITALS
WHEREAS , the Parties entered into an Interconnection Agreement, for service in the State of
Idaho, that was approved by the Idaho Public Utilities Commission on October 11 , 2000, as
referenced in Case No. USW-00-21 (UAgreement"); and
WHEREAS, the Parties wish to amend the Agreement under the terms and conditions
contained herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained
in this Amendment and other good and valuable consideration , the receipt and sufficiency of
which is hereby acknowledged , the Parties agree as follows:
Amendment Terms
The Agreement is hereby amended by updating the terms , conditions and rates for
CLEC-to-CLEC Cross Connections, as set forth in Attachment 1 and Exhibit A, attached hereto
and incorporated herein.
Rates in Exhibit A shall be updated to reflect legally binding decisions of the Commission and
shall be applied on a prospective basis from the effective date of the legally binding Commission
decision , unless otherwise ordered by the Commission.
Effective Date
This Amendment shall be deemed effective upon Commission approval; however, the Parties
may agree to implement the provisions of this Amendment upon execution. To accommodate
this need , CLEC must generate , if necessary, an updated Customer Questionnaire. In addition
to the Questionnaire, all system updates will need to be completed by Qwest. CLEC will be
notified when all system changes have been made. Actual order processing may begin once
these requirements have been met. Additionally, Qwest shall implement any necessary billing
changes within two (2) billing cycles after the latest execution date of this Amendment, with a
true-up back to the latest execution date of this Amendment by the end of the second billing
cycle. The Parties agree that so long as Qwest implements the billing changes and the true-up
as set forth above, the CLEC's bills shall be deemed accurate and adjusted without error.
September 14, 2005/msd/ELI/CLEC-to-CLEC Cross Connections/ID
Amendment to CDS-000612-0162 (From 8-25-05 Nego Template)
Amendments; Waivers
Except as modified herein , the provisions of the Agreement shall remain in full force and effect.The provisions of this Amendment, including the provisions of this sentence may not be
amended, modified or supplemented , and waivers or consents to departures from the provisions
of this Amendment may not be given without the written consent thereto by both Parties
authorized representative. No waiver by any Party of any default, misrepresentation , or breach
of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any
prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or
affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Entire Agreement
The Agreement as amended (including the documents referred to herein) constitutes the full
and entire understanding and agreement between the Parties with regard to the subjects of the
Agreement as amended and supersedes any prior understandings, agreementsrepresentations by or between the Parties, written or oral , to the extent they relate in any way to
the subjects of the Agreement as amended.
The Parties intending to be legally bound have executed this Amendment as of the dates set
forth below, in multiple counterparts, each of which is deemed an original , but all of which shall
constitute one and the same instrument.
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Authorized Signature
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Name Printed/Typed
Qwest Corporation
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Authorized Signature
L. T. Christensen
Name Printed/Typed
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Date
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Director - Interconnection Agreements
Title
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Date
September 14, 2005/msd/ELI/CLEC-to-CLEC Cross ConnectionsllD
Amendment to CDS-000612-0162 (From 8-25-05 Nego Template)
ATTACHMENT
ATTACHMENT
CLEC-to-CLEC Cross Connections
NOTE: For eJ!.!Poses of this Attachment only, all non-consecutive (missinm.
Section Numbers are deemed ltlntentionally Left Blank"
Terms and Conditions
23 Qwest shall design and engineer the most efficient route and cable racking for
the connection between CLEC's equipment in its collocated spaces to the collocated equipment
of another CLEC located in the same Qwest Premises; or to CLEC's own non-contiguous
Collocation space. The most efficient route generally will be over existing cable racking, to the
extent Technically Feasible, but to determine the most efficient route and cable racking, Qwest
shall consider all information provided by CLEC in the Collocation Application form, including
but not limited to, distance limitations of the facilities CLEC intends to use for the connection.
CLEC shall have access to the designated route and construct such connection, using copper
coax, optical fiber facilities, or any other Technically Feasible method utilizing a vendor of
CLEC's own choosing. CLEC may place its own fiber, coax copper cable, or any other
Technically Feasible connecting facilities outside of the actual physical Collocation space
subject only to reasonable NEBS Level 1 safety limitations using the route specified by Qwest.
CLEC may perform such Interconnections at the ICDF, if desired. CLEC may interconnect its
network as described herein to any other collocating Carrier, to any collocated Affiliate of CLEC
to any End User Customer s premises, and may interconnect CLEC's own collocated space
and/or equipment (e., CLEC's Physical Collocation and CLEC's Virtual Collocation on the
same Premises). CLEC-to-CLEC Connections shall be ordered either as part of a Collocation
Application or separately from a Collocation Application in accordance with Section 8.4.7 below.
CLEC-to-CLEC Cross Connections at an ICDF are available , as follows:
23.CLEC-to-CLEC Cross Connections at the ICDF.
23.1 CLEC-to-CLEC Cross Connection (CaCC-X) is defined as
CLEC's capability to order a Cross Connection from its Collocation in a Qwest
Premises to its non-adjacent Collocation space or to another CLEC's Collocation
within the same Qwest Premises at the ICDF.
23.Qwest will provide the capability to combine these separate
Collocations through an Interconnection Distribution Frame (ICDF). This
accomplished by the use of CLEC's Connecting Facility Assignment (CFA)
terminations residing at an ICDF. Also, ICDF Cross Connections must terminate
on the same ICDF at the same service rate level.
23.If CLEC has its own dedicated ICDF , CLEC is responsible for
ordering tie cables to the common ICDF frame/bay where the other CLEC
resides. These tie cables would be ordered through the existing Collocation
Application form.
23.1.4 CLEC is responsible for the end-to-end service design that uses
September 14, 2005/msd/ELI/CLEC-to-CLEC Cross Connections/ID
Amendment to CDS-000612-0162 (From 8-25-05 Nego Template)
ATTACHMENT
ICDF Cross Connection to ensure that the resulting service meets its End User
Customer s needs. This is accomplished by CLEC using the Design Layout
Record (DLR) for the service connection.
23.If two (2) CLECs are involved , one (1) CLEC acts as the
ordering" CLEC. The ordering CLEC identifies both connection CF As on the
ASR. CLEC requests service order activity by using the standard ASR forms.
These forms are agreed upon nationally at the OBF (Ordering and Billing Forum).
Refer to the DMP (Document Management Platform)/Carrier/Carrier
Centers/"A"ASOG" for copies of all forms including definitions of the fields,
CLEC is responsible for obtaining these forms. Qwest must not reproduce
copies for its Customers, as this is a copyright violation. The standard industry
forms for CLEC-to-CLEC Cross Connections (COCC-X) are: Access Service
Request (ASR), Special Access (SPE) and Additional Circuit Information (ACI).
Rate Elements
Rate elements are contained in Exhibit A of this Amendment.
Ordering - CLEC-to-CLEC Connections
8.4.Application -- Upon receipt of the applicable portions of a complete Collocation
Application, Qwest will perform a feasibility study to determine if adequate cable racking can be
found for the placement of CLEC's copper, coax, or fiber optic cable, or any other Technically
Feasible method used to interconnect CLEC's collocated equipment that is in separate locations
in the same Qwest Premises, or to another CLEC's equipment in the same Premises. The
feasibility study will be provided within ten (10) calendar Days from date of receipt of a complete
Collocation Application.
8.4.If Qwest determines that the Collocation Application is not complete
Qwest shall notify CLEC of any deficiencies within ten (10) calendar Days of the
Collocation Application. Qwest shall provide sufficient detail so that CLEC has a
reasonable opportunity to cure each deficiency. To retain its place in the Collocation
queue for the requested Premises , CLEC must cure any deficiencies in its Collocation
Application and resubmit the Collocation Application within ten (10) calendar Days after
being advised of the deficiencies.
8.4.Quotation -- If existing cable racking is available, Qwest will provide CLEC with a
quote and the specific cable rack route to CLEC with the feasibility study. If additional cable
racking is required to accommodate CLEC's request, Qwest shall provide a feasibility and quote
to CLEC no later than ten (10) calendar Days of receipt of Collocation Application. CLEC-to-
CLEC Connection quotes will be honored for thirty (30) calendar Days from the date the quote is
provided. During this period , the space is reserved pending CLEC's Acceptance of the quoted
charges.
8.4.Acceptance -- There are two (2) forms of Acceptance for CLEC-to-CLEC
Connections:
September 14, 2005/msd/ELI/CLEC-to-CLEC Cross Connections/lD
Amendment to CDS-000612-0162 (From 8-25-05 Nego Template)
ATTACHMENT
8.4.1 CLEC-to-CLEC connections with existing cable rack. - CLEC must
submit payment of one hundred percent (1000/0) of the quoted nonrecurring charges with
its Acceptance. Upon receipt of a complete Collocation Acceptance, CLEC may begin
placement of its copper, coax, or fiber cables along the Qwest designated cable rack
route. Recurring charges will begin with CLEC Acceptance.
8.4.2 CLEC-to-CLEC Connections using new cable rack. - Upon receipt of a
complete Acceptance from CLEC , Qwest will begin construction of the new cable rack.
8.4.7.4 Interval - Pursuant to Section 8.4.2 above, the construction interval for
CLEC-to-CLEC Connections requiring the construction of new cable rack by Qwest shall be
within sixty (60) calendar Days of the receipt of the complete Collocation Acceptance. If CLEC
submits its Acceptance more than thirty (30) calendar Days after receipt of the Qwest quotation
the Collocation Application shall be resubmitted by CLEC.
September 14, 2005/msd/ELI/CLEC-to-CLEC Cross Connections/ID
Amendment to CDS-000612-0162 (From 8-25-05 Nego Template)
Exhibit A
Idaho
Amendment
tfl
Notes
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Collocation
CLEC to CLEC
Desian Enaineerina & Installation
Flat Charqe (Desiqn Enqineerinq - No Cables)
Fiber Flat Charqe
$634.76
$1 229.
Cable Rackina
DSO per Foot per Cable
8.7.DS1 per Foot per Cable
DS3 per Foot per Cable2.4 Fiber per Foot per Fiber
$0.11848
$0.13075
$0.10234
$0.93313
8.7.Virtual Connections (if applicable - Connections only: No cables)
8.7.DSO. per 100 Connections
DS1. per 28 Connections
DS3, per 1 Connection3.4 Fiber Connections per Fiber Spliced
$194.
$91.
$5.
$37.
7.4 Cable Hole lif Applicable)$386.
CLEC to CLEC Cross Connection $201.
NOTES:
Unless otherwise indicated, all rates are pursuant to Idaho Public Utilities Commission Dockets:
B Cost Docket QWE-01-11 , Order No. 29408 (January 5, 2004) rates effective January 5, 2004.
.....
Qwest Idaho TRRO Template Exhibit A Second Revision
August 9, 2005 Page 1 of 1