20081024Amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone]
RECEIVED
Maura E. Peterson
Paralegal
Regulatory Law
ZOUB OCT 24 AM 9: 29
IDAHO PUBLIC
UTILITIES COMMISSiON Qwest~
Spirit of Service'M
Via Overnigh t delivery
October 23, 2008
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case Nos. USW-T-97-11 and USW-T-97-15
Application for Approval of Amendment to the Interconnection Agreement
Verizon Wireless
Dear Ms. Jewell:
Enclosed for fiing 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.
The Consolidation Amendment modifies the Surviving ICA as set forth in Attachment IA
and Attachment lB. In addition, several new entities have been identified as contracting with
Qwest in the Surviving Agreement. Verizon Wireless has requested that each entity which
holds a license for wireless spectrum separately enter into the Surviving Agreement with
Qwest, but has stated, according to the terms of the Consolidation Amendment, that ordering
and provisioning wil be commonly done through Verizon Wireless.
Verizon Wireless and Qwest jointly submit the Amendment, and Verizon Wireless has
authorized Qwest to submit this Notice Letter on its behalf.
Thank you for your
Enclosure
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherr~qwest.com
RECEiVED
iOUG OCT 24 AM 9: 29
IDAHO PUBqÇ .
UT1UTlES COMMi:sSION
BEFORE THE IDAHO PUBLIC UTILITIES COMMSSION
APPLICATION OF QWEST
CORPORA TIONFOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.c. §252(e)
CASE NO.:USW-T-97-15
USW - T -97-11
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNCTION 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 August 11, 1997 (the "Agreement"). The Amendment with Verizon
Wireless (fla US West NewVector Group, Inc.) ("Verizon Wireless") is submitted herewith.
This Amendment was reached though voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252( e) of the Communcations
Act of 1934, as amended by the Telecommuncations Act of 1996 (the "Act").
Section 252(e)(2) of the Act directs that a state Commssion may reject an amenclent
reached though voluntary negotiations only if the Commssion finds that: the amendnent. (or
portiones) thereof) discriminates against a telecommunications carrier 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 respectfuly 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 Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment will enable Verizon
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INERCONNCTION AGREEMENT - Page 1
VERION WILESS
I .
Wireless to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommuncations services.
Qwest fuer requests that the Commssion approve this Amendment without a hearng.
Because this Amendment was reached. through volunta negotiations, it does not raise issues
requirig a hearing and does not concern other paries not a pary to the negotiations.
Expeditious approval would fuher the p'ublic interest.
Respectfully submitted this V~ay of October, 2008.
~A~
Attorney for Qwest .
-
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INRCONNCTION AGREEMENT - Page 2
VERION WILESS
CERTIFICATE OF SERVICE
J (PI hereby certfy that on ths ~ day of October, 2008, I served the foregoing
APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION
AGREEMENT upon all paries of record in ths matter as follows:
Jean Jewell, Secretay
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
j j ewel1fYpuc. state .id. us
Hand Delivery
U. S. Mail
~ Overnight Delivery
Facsimile
Email
Cellco Parership, dba Verizon Wireless
Mar Bacigalupi
2775 Mitchell Dr, MS 7-1
Walnut Creek, California 94598
Hand Delivery
-- U. S. Mail
Overnight Delivery
Facsimile
Email
\ 6 ~
'i,A f r;..i.)~ l 1; :,\; Iv \lliV'~,
Maura Peterso~ /
Paralegal, QwesLCorporation
/1
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APPLICATION FOR APPROVAL OF AMNDMENT TO TH INTERCONNCTION AGREEMENT - Page 3
VERION WILESS
WSP Consolidation, Triennial Review Order and Bil and Keep Amendment
to the Interconnection Agreement betweenQwest Corporation and RECEIVED
Verizon Wireless (fka US WEST NewVector Group, Inc.) .
for the State of Idaho zooe OCT 24 AM 9: 29
This is an amendment ("Amendment") to the Type 2 Wireless InterclflUiMOI=sloN
between Owest Corporation ("Owest"), a Colorado corporation, and the Verizon Wireless
entities listed on the signature page of this Amendment (collectively "Verizon Wireless" or
"WSP"), successor-in-interest to Cellco Partnership d!b!a Verizon Wireless. This Amendment
incorporates' ",the WSP Consolidation, the Triennial Review Order, and the Bil and Keep
arrangement between Owest and WSP. WSP and Owest shall be known jointly as the
"Parties". Attachment 1 B shall identify the Surviving Entity legal name and Access Carrier
Name Abbreviation (ACNA). Attachment 1 B shall also identify the Merging Entity and its ACNA.
RECITALS.
WHEREAS,WSP and Owest entered into one or more Interconnection Agreement(s) (such
Interconnection Agreement(s), as amended to date, being referred to herein as the
("Agreement" for services in the state of Idaho which was approved by the Idaho Public Utilities
Commission ("Commission"); and
WHEREAS, the former companies (Merging Entity) and the Verizon Wireless entities listed on
the signature page of this Amendment that are successors-in-interest (Surviving Entity) each
entered into Interconnection Agreements with Owest ("Agreements"), for service in the State of
Idaho, that was approved by the Idaho Public Utiliies Commission ("Commission"); and
WHEREAS, WSP has consolidated its operations under a single legal Surviving Entity due to
merger, acquisition or other legal process as described on Attachment 1A; and
WHEREAS, WSP has requested that the Surviving Entity be allowed to operate under one legal
Agreement but continue placing orders utilizing the separate codes of the Merging Entities
instead of combining all facilities under a single code as required under the existing standard
merger! consolidation process; and
WHEREAS, the Parties have been working together to accommodate WSP's request, and
desire to minimize transition costs and disruption in operations, including ordering, provisioning
and biling while operating under one legal Agreement utilzing multiple entity identification and
industry codes; and
WHEREAS, the Federal Communications Commission ("FCC") promulgated new rules and
regulations pertaining to, among other things, the availability of ùnbundled network elements
("UNEs") pursuant to Section 251 (c)(3) of the Telecommunications Act of 1996 (the "Act") in its
Report and Order In the Matter of Review of the Section 251 Unbundling Obligations of
Incumbent Local Exchange Carriers; Implementation of the Locàl Competition Provisions of the
Telecommunications Act of 1996; Deployment of Wireline Services Offering Advanced
Telecommunications Capability, CC Docket Nos. 01-338, 96-98 and 98-147, (effective October
2, 2003) ('TRO"); and
WHEREAS, the TRO materially modifies Owests obligations under the Act with respect to,
among other things, Owests requirement to offer certain UNEs; and
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WHEREAS, the Parties wish to amend the Agreement to comply with the TRO and hereby
agree to do so under the terms and conditions contained herein; and
WHEREAS, the Parties wish to change the current Reciprocal Compensation Credit for usage
to Bil and Keep.
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:
I. Amendment Terms.
To the extent applicable, the Agreement is hereby amended by consolidating Agreements as
set forth in Attachment 1 B, deleting certain UNE signaling as set forth in Attachment 2, and
implementing Bil and Keep as set forth in Attachment 3 to this Amendment, attached hereto
and incorporated herein by this reference.
II. Commission Filng/Commission Approval.
The Parties shall work together in good faith to prepare and file the necessary document to
notify the Commission of the actions set forth in Section 1 above.
II. Limitations.
Nothing in this Amendment shall be deemed an admission by Owest or WSP concerning the
interpretation or effect of the TRO, nor rules, regulations, interpretations, and appeals thereof,
including but not limited to state ruíes, regulations, and laws as they may be issued or
promulgated regarding the same. Nothing in this Amendment shall preclude or estop Qwest or
WSP from taking any position in any forum concerning the proper interpretation or effect of TRO
or concerning whether the TRO should be changed, vacated, dismissed, stayed or modified.
iV. Conflicts.
In the event of a conflict between this Amendment and the terms and conditions of the
Agreement, this Amendment shall control, provided, however, that the fact that a term or
provision appears in this Amendment but not in the Agreement shall not be interpreted as, or
deemed a grounds for finding, a conflict for purposes of this Section iV.
V. Scope.
This Amendment shall amend, modify and revise the Agreement only to the extent the UNE
listed in Attachment 2 are included in the Agreement and, except to the extent set forth in
Section i and Section II of this Amendment, the terms and provisions of the Agreement shall
remain in full force and effect after the Execution Date.
Vi. Effective Date~
This Amendment shall be deemed effective upon approval by the Commission, except where
the change of law provision in WSP's Agreement specifies a different effective date. The
Parties agree to implement the provisions of this Amendment upon execution ("Execution
Date").
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ViI. Further Amendments.
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, wil 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.
VII. 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, agreements, or
representations by or between the Parties, written or oral, to the extent they relate in any way to
the subjects of the Agreement as amended.
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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 originali but all of which shall
constitute one and the same instrument. Other than as expressly set forth in an amendment to
the Surviving Agreement, all other terms of the Surviving Agreement and Amendments shall
remain in full force and effect.
Verizon Wireless
Idaho RSA No.2 Limited Partnership d/b/a Verizon Wireless
By Verizon Wireless (VAW) LLCI Its General Manager
Idaho RSA 3 Limited Partnership d/b/a Verizon Wireless
By Verizon Wireless (VAW) LLC, Its General Manager
Verizon Wireless (VAW) LLC d/b/a Verizon Wireless
Idaho 6-Clark Limited Partnership d/b/a Verizon Wireless
By CommNet Cellular Inc., Its Managing Agent
Cellular, Inc. Financial Corporatión d/b/a Verizon Wireless.~.Signature..
Walter L. Jones, Jr.
Name PrintedlTyped
West Area Vice President - NetworkTitle I /
"16108Date I I
~?-mSignature
L. T. Christensen
Name PrintedlTyped
/
L
Director- Interconnection Agreements
Title
Date #~
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ATTACHMENT 1
Section 1.Surviving Interconnection Agreement
A. WSP and Qwest agree that upon execution of this Amendment, the
Interconnection Agreement identified on Attachment 1 B wil govern the Surviving Entity
and the Merging Entity with respect to the matters set forth therein (the "Surviving
Agreement") and any other Agreements previously used by the Merging Entity shall
immediately terminate, except that any outstanding liabilities and/or charges accrued
under the Merging Entity's prior Agreements shall be assumed by the Surviving Entity
and be governed by the terms, conditions and rates of the Surviving Agreement. A list of
the Merging Entity Agreement and effective Amendments are listed on Attachment 1 B.
Attachment 1 B shall also identify the Surviving Agreement and any applicable surviving
amendments.
B. The Parties agree that the Surviving Entity shall legally assume all rights and
liabiliies of the Merging Entity, including but not limited to Biling Account Numbers, any
pending order activity, refunds, credits and other related billng matters that may accrue
(including but not limited to past due bills or any items under dispute), or that may have
accrued but not yet been provided to the Merging Entity, including charges associated
with any unexpired portions of minimum periods and minimum termination liabilities.
C. Notwithstanding any provision of this Amendment, payment of any refund or
extension of any credit or other rights required by law in connection with the services
provided to WSP shall be made by Qwest in the manner required by the Surviving
Agreement or as required by applicable law.
Section 2.. Ordering, Provisioning and Biling
Notwithstanding Section 1 above, Qwest and WSP agree to process and bill orders
according to the process described in this Section 2.
A. The Parties shall continue to separately place all orders and submit all bills
related to the Merging Entity in the same manner as prior to WSP's acquisition, merger,
consolidation or reorganization. Specifically, orders and billng functions relating to
assets (e.g. circuits and collocations) originally assigned to the Merging Entity shall be
placed using the codes originally assigned to the Merging Entity. WSP agrees that it
shall be solely responsible to ensure that the correct codes for the Merging Entity are .
utiized when placing orders and/or billng functions and for any delays or errors caused
by WSP's failure to comply with this process. Any bils to Qwest related to the Merging
Entity shall also utilze the separate Merging Entity codes. In the event WSP fails to
comply with this process, Qwest reserves the right to terminate this process upon thirty
(30) days' prior written notice. Upon termination of the process, WSP agrees to comply
with Qwests current process to change the codes from the Merging Entity to the
Surviving Entity codes. In addition i WSP may opt, at any time during this agreement, to
change the codes from the Merging Entity to the Surviving Entity codes by following
Qwests then-current process for such changes.
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B. WSP and Qwest shall continue processing WSP's orders and billng functions
using the separate Merging Entity codes and continue to issue separate bils and
payments to and from the Merging Entity in the same manner as prior to WSP's
consolidation or reorganization. Nevertheless, WSP agrees that the Surviving Entity is
fully responsible for purposes of contract, billing and all other matters for the services
being ordered, provisioned and biled, regardless of the Merging Entity code being
utilized.
C. WSP and Qwest agree that the procedures set forth in A and 8 above shall apply
to all orders and bils that relate or depend upon existing collocations and facilities.
Orders and bils involving new collocations and related facilities shall only utilze the
Surviving Entity ACNA(s), as identified on Attachment 18 and related industry codes.
D. To the extent that WSP requires a billng address change, personnel access
updates (systems) or other notice changes, WSP shall submit an updated questionnaire
and also agrees to complete any other forms required by Qwest to accomplish the
matters contemplated under this Amendment.
Section 3.Authorization to Consolidate Merging Entities and Utilze Codes
A. WSP represents that it has obtained all necessary Commission or other
approvals to consolidate, merge or reorganize the Merging Entity into the Surviving
Entity and continue using the Merging Entity ACNA and other codes described on
Attachment 1 B. Upon request, WSP shall provide Qwest documentation supporting
such approvals or authorizations.
B. WSP agrees to indemnify and hold harmless Qwest, its affiliates, offcers and
directors, employees, agents and contractors from any liabilty, claims, or causes of
action arising out of its use of the Merging Entity ACNA and other codes as
contemplated under this Amendment.
This Amendment is intended to. accommodate the Parties' agreement to maintain the
operational status quo between the Parties. The Amendment reflects the continued
operation of all of WSP's respective business operations and activities in the same
manner in which WSP did so prior to implementing its legal entity
merger/acquisition/reorganization/consolidation, albeit through a single legal Surviving
Entity under a single Surviving Agreement.
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, ;
ATTACHMENT 1A
WSP ENTITIES
MERGING ENTITy1
lldaho IVerizon Wireless fka U S WEST NewVector Group Inc.
SURVIVING ENTITy2
Idaho Idaho RSA No.2 Limited Partnership d/b/a Verizon Wireless
By Verizon Wireless (VAW) LLC, Its General Manager
Idaho RSA 3 Limited Partnership d/b/a Verizon Wireless
By Verizon Wireless (VAW) LLC, Its General Manager
Verizon Wireless (VAW) LLC d/b/a Verizon Wireless
Idaho 6-Clark Limited Partnership d/b/a Verizon Wireless
By CommNet Cellular Inc., Its Managing Agent
Cellular, Inc. Financial Corporation d/b/a Verizon Wireless
1 Merging Entities are those WSPs that have been merged into, acquired by or consolidated into the Surviving Entity
due to an event such as merger, acquisition, reorganization or other legal activity resulting in dissolution of one or
more of such Merging Entities and termination of such associated WSP certifications.
2 The Surviving Entity are the multiple surviving legal entities resulting from the legal activity described in footnote. 1.
The Surviving Entity may be one of the Merging Entities or a newly created legal entity. The Surviving
Interconnection Agreement will be in the name of the Surviving Entity.
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. .
ATTACHMENT 18
INTERCONNECTION AGREEMENTS
MERGING Agreements
State WSPNAME Contract Number ACNAs OCNs
Idaho Verizon Wireless fka U S WEST DEN-970414-4404 NVC 6565
NewVector Group Inc.6573
ISPAmnd
SPOPAmnd
Idaho Verizon fka CommNet Cellular Inc.DEN-980219-1001
I(Adoption Agmt)
Idaho Verizon fka CommNet Cellular Inc.DEN-970320-440 1
ISPAmnd
SURVIVING Agreements*
STATE WSP NAME Contract Number ACNAs OCNs
Idaho Verizon Wireless fka U S WEST DEN-970414-4404 NVC 6573
NewVector Group Inc.6565
ISPAmnd
SPOPAmnd
And
Qwest Corporation,
flk/a U S WEST Communications, Inc.
*As of the Effective Date of the Agreement, the Surviving Agreement will govern the Surviving Entity and all Merging
Entities and all facilities. All of the Merging Agreements, except for the Surviving Agreement, wil be simultaneously
terminated.
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ATTACHMENT 2
1. Signaling Networks
1.1 Transition for Signaling Networks - Upon the Execution Date, WSP wil not place, and
Qwest wil not accept, ASRs for unbundled signaling network elements. Owest account
representatives wil work with WSP on a plan to convert any existing unbundled signaling
network elements to other available Owest products or services. WSP will submit complete,
error-free ASRs to convert or disconnect any existing unbundled signaling network elements
with due dates that are within ninety (90) days of the Execution Date. Owest and WSP will work
together to identify those network elements.
1.2 Failure to Convert Non-Impaired Network Elements - Signaling Networks. Absent
WSP transition of signaling networks within ninety (90) days of the Execution Date, Owest wil
convert services to alternate arrangements. WSP is subject to back biling for the difference
between the rates for the UNEs and rates for the Owest alternative service arrangements to the
ninety-first (91st) day. WSP is also responsible for all non-recurring charges associated with
such conversions.
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~ .
.
ATTACHMENT 3
BILL AND KEEP
The Parties agree that, based upon a three month study of actual traffc originated and
terminated between Qwests network and WSP's network, their respective traffc is relatively
balanced. Therefore, neither Party shall bil the other Party reciprocal compensation for Call
Termination and Call Transport (bill and keep) for Local Callng Area traffic as defined in this
agreement.
Inter~MTA factors for determining non~Local traffic wil remain as currently agreed upon by the
Parties.
FACILITIES CREDIT
When WSP leases two-way facilities from Qwest for Entrance. Facilty (EF), Direct Trunked
Transport (OTT) and Multiplexing, Qwest's charges shall be adjusted to account for the portion
of the facilty used to transport traffic originated by Qwest's end users to WSP, as follows:
A credit wil be calculated by multiplying (1) the sum of the total monthly two-way channel facility
for the EF and OTT, multiplexer and distance sensitive facilities state-specific charges by (2) a
factor of 0.172 (17.2 percent) which is based on a three consecutive month traffic study. This
credit wil be applied each month for the term of this Agreement.
The Parties agree that the Facilities Credit is intended to apply only to Type 2 interconnection
facilities which are actually utilized as two-way facilities, and wil not apply to one-way facilties.
Unless the Parties agree otherwise in writing, either Party may route traffic to the other utilizing
one-way trunks. Recurring 'charge for these trunks will be borne by the initiating Party.
Installation nonrecurring charges may be assessed by Qwest for each Type 2 trunk ordered by
WSP, at the rates specified in the Agreement.
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