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Home My WebLink About20100104Amendment.pdfQwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 RECEPJF 20U9 DEC 30 PH 2: 13 Qwest~ Spirit of Service~ Maura E. Peterson Paralegal Regulatory Law Via Overnight delivery December 29,2009 Jean Jewell, Secretar Idaho Public Utilities Commssion 472 West Washington Street P.O. Box 83720Boise, Idaho 83720-0074 (USW-i-OO-;t Re: Case No. Qn~ T 81-11 Application for Approval of Amendment to the Interconnection Agreement Electrc Lightwave, LLC Dear Ms. Jewell: Enclosed for filing with this Commssion 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 Commssion Decision Meeting Agenda for expedited approvaL. Please contact me if you have any questions concerning the enclosed. Than you for your assistance in thO atter. i¡ry, MauraE. Pet mep Enclosure cc: Service list Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 1506 Seattle, WA 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam.sherr(g qwest.com Ri:("i-¡',¡ nI.C\1'Cl',i 4,i 2003 DEC 30 PH 2: 13 Qwest~ Spirit of Service~ BEFORE THE IDAHO PUBLIC UTILITIES COMMSSION LUStu -(-OO-~ APPLICATION OF QWEST CASE NO.: ftW:-T-Oi-n CORPORATION FOR APPROVAL OF AN INTERCONNCTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e) APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT Qwest Corporation ("Qwest") hereby fies this Application for Approval of Amendment to the Interconnection Agreernent ("Amendment"), which was approved by the Idaho Public CJcTèIo e-rUtilities Commssion on S8fllember 11, 2000 (the "Agreement"). The Amendment with Electrc Lightwave, LLC ("Electric Lightwave") 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(e)(2) of the Act directs that a state Commssion may reject an amendment reached through voluntar negotiations only if the Commssion finds that: the amendment (or portion(s) thereof) discriminates against a telecommunications carer not a pary 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 Commssion 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 Commssion, the United States Congress, and the Federal Communications Commssion. Expeditious approval of this Amendment wil enable Electric APPLICATION FOR APPROVAL OF AMNDMENT TO THE INERCONNCTION AGREEMENT - Page 1 AMNDMENT FOR DESIGN CHANGE AND RATE UPDATE Lightwave, LLC to interconnect with Qwest facilties and to provide customers with increased choices among local telecommunications services. Qwest further requests that the Commssion approve this Amendment without a hearng. Because this Amendment was reached through voluntary negotiations, it does not raise issues requiring a hearng and does not concern other paries not a pary to the negotiations. Expeditious approval would further the public interest. Respectfully submitted thisT\*"'day of December, 2009. rü1: APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 2 AMNDMENT FOR DESIGN CHANGE AND RATE UPDATE CERTIFICATE OF SERVICE I hereby certify that on thisd-1lM day of December, 2009, I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT upon all paries of record in this matter as follows: Jean Jewell, Secretary Idaho Public Utilities Commssion 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 ¡¡ewell (gpuc.statejd.us Hand Delivery U. S. Mail -X Overnight Delivery Facsimile Email J. Jeffery Oxley Integra Telecom, Inc. 6160 Golden Hills Drive Golden Valley, MN 55416-1020 Hand Delivery -- u. S. Mail Overnight Delivery Facsimile Email ~v ~~h ('~.v t. 1l¿./~ c~ Maura Peterso Paralegal, Qwest APPLICATION FOR APPROVAL OF AMNDMENT TO THE INRCONNCTION AGREEMENT - Page 3 AMNDMENT FOR DESIGN CHANGE AND RATE UPDATE Design Change and Rate Update Amendment to the Interconnection Agr~ment between 2009 DEC 30 PM 2: 14 Qwest Corporationand ! n ¡Hj i~' r:;¡ 1,:"' ; ('L' ¡ ~ ¡ . v r' 'i-~)~. ~.¡ '-'.' :,: \~~,1 Electric Lightwave, LLC for the State of IdahoUTiUTIES COIAMfSS¡CnJ. RECEIVED This Amendment ("Amendment") is to the Interconnection Agreement between Qwest Corporation ("Qwest"), a Colorado corporation, and Electric Lightwave, LLC ("CLEC") (collectively, the "Parties"). RECITALS WHEREAS, the Parties entered into an Interconnection Agreement, for service in the State of Idaho, that was approved by the Commission; and WHEREAS, the Parties agree to amend the Agreement with 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: 1. Amendment Terms The Agreement is hereby amended to reflect the terms and conditions relating to Design Changes and the applicability of the rate in Exhibit A to this Amendment (Exhibit A), as set forth in set forth in Attachment 1 and Exhibit A, attached hereto and incorporated herein. The Parties agree the rate in this document is for the limited purposes of this Amendment. CLEC and Qwest reserve their rights to assert different language and/or rate(s) in other contexts. 2. Effective Date This Amendment shall be deemed effective upon approval by the Commission; however, the Parties agree to implement the provisions of this Amendment as of November 1,2009. 3. Further Amendments Except as modified herein, the provisions of the Agreement shall remain in full force and effect. Except as provided in the Agreement, this Amendment may not be further amended or altered, and no waiver of any provision thereof shall be effective, except by written instrument executed by an authorized representative of both Parties. 4. Entire Agreement Other than the publicly filed Agreement and its Amendments, Qwest and CLEC have no agreement or understanding, written or oral, relating to the terms and conditions for Design Changes and the applicability of the rate in Exhibit A in the State of Idaho. November 20, 2009/kcd/ELI/Design Change and Rate Amd/ID Amd to CDS-000612-0162 - The Parties intending to be legally bound have executed this Amendment as of the dates set forth below, which may be in multiple counterparts, each of which is deemed an original, but all of which shall constitute one and the same instrument. Electric Lightwave, LLC Qwest Corporationd-rL Signature L. T. Christensen Name PrintedlTyped Director - Wholesale ContractsTitle 17 /è-_, /01Dare t ji ..lure~J. Jeffery Oxley Name PrintedlTyped EVP General Counsel Title November 25. 2009 Date November 20. 2009/kcd/ELl/Design Change and Rate Amd/iD Amd to CDS-000612-0162 ATTACHMENT 1 Design Changes and Applicabilty of the Rate in Exhibit A NOTE: The numbering in this Attachment 1 (which may not be consecutive) is used as a convenience to the Parties and may not be related to the numbering of the remainder of the Agreement. 4.0 "Design Change" is a change in circuit design after Engineering Review required by a CLEC supplemental request to change a service previously requested by CLEC. An Engineering Review is a review by Qwest personnel of the service ordered and the requested changes to determine what change in the design, if any, is necessary to meet the changes requested by CLEC. Design Changes may include: 1) changes to the End User Customer address, requiring changes to facilities or terminations, on a pending service order when the new address is in the same Qwest Wire Center as the original address; and 2) changes in the type of Network Channel Interface (NCI code) on pending orders. Design Changes do not include modifications to records without physical changes to facilities or services. Notwithstanding anything that may be to the contrary in this definition, certain changes are subject to the charge in Exhibit A, as set forth in Section 9.1.12 below. 9.0 9.1.12.2 A charge in the amount of the rate set forth in Section 9.20.13 of Exhibit A to this Amendment applies to: 9.1.12.2.1 UNEs; Design Changes for all UDIT, EEL, LMC, and Unbundled Loops for all 9.1.12.2.2 Changes in the circuit reference ("CKR") (Le., the circuit number assigned by CLE) on a pending order or completed facilty; 9.1.12.2.3 Changes to Service Name ("SN") (Le., the name of the End User Customer at a circuit location) on a pending order or completed facility; and 9.1.12.2.4 Changes to a Connecting Facility Assignment ("CFA") on a pending order or completed facility. 9.1.12.3 The charge set forth in Exhibit A to this Amendment for the changes identified in Section 9.1.12.2 above applies per supplemental or change order, per circuit changed. 9.1.12.4 In addition to the charge set forth in Exhibit A to this Amendment for the changes identified in Section 9.1.12.2 above, an End User Customer address change may result in the application of an Expedite Miscellaneous Charge in order to retain the original Due Date. 9.1.12.5 The negotiated rate set forth in Exhibit A to this Amendment for the changes identified in Section 9.1.12.2 above is interim (until changed by a Commission order, such as in a cost docket), but the Parties agree it wil not be subject to true-up. November 20, 2009/kcd/ELI/Design Change and Rate Amd/ID Amd to CDS-000612-0162 9.1.12.6 The charge set forth in Exhibit A to this Amendment for the changes identified in Section 9.1.12.2 above does not apply when the costs are already covered in another rate (e.g., TRRO conversions, Transfer of Responsibility) and to masslatch changes. 9.1.12.7 The charge set forth in Exhibit A to this Amendment for the changes identified in Section 9.1.12.2 above does not apply when the need for the change described in Section 9.1 .12.2 is caused by Qwest. November 20, 2009/kcd/ELI/Design Change and Rate Amd/ID Amd to CDS-000612-0162 Exhibit A Electric Lightwave, LLC Idaho I I I i '"Recurring, per Pl Recurring Mile Nonrecurring Nots '"¡¡m z_0 0'"i'¡ 9.0 Unbundled Network Elements UNEs 9.20 Misceilaneus Charaes 9.20.13 Design and CFA Changes'$22.00 NOTES: i i i This chame is applied per supplemental or change order. per circuit chan ed. Interim Ne oUeted Rate. Not subiect to true-up. 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