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Home My WebLink About20030228Amendment.pdfMary S. Hobson (ISB# 2142) Stoel Rives LLP 101 South Capitol Boulevard - Suite 1900 Boise, ill 83702 Telephone: (208) 389-9000 Facsimile: (208) 389-9040 RECEIVED (2) ;:' ILED 2DOi .rC'D -hj I.. '. L: ' - II y. 4 - ":-- ~,,~, UT jLj~, iES CoiLl'SJ ON ( II Jj Dhruv Khanna Covad Communications Company 3420 Central Express Way Santa Clara, CA 95051 Telephone: (408) 616-6610 dkhanna(CV,covad.com BEFo'RE THE IDAHO, PUBLIC UTILITIES Co'MMISSIo'N JOINT APPLICATION OF U S WEST COMMUNICATIONS, INc. AND COY AD COMMUNICATIONS COMPANY FOR APPROV AL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U . ~252(E) CASE No'.: USW-99- APPLICATIO,N Fo'R APPRO,V AL OF AMENDMENT TO, THE lNTERCo'NNECTIo'N AGREEMENT Qwest Corporation ("Qwest"and DIECA Communications Inc. dba Covad Communications Company ("Covad") hereby jointly file this Application for Approval of Amendment to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public Utilities Commission on April 22, 1999 (the "Agreement"). A copy of the Amendment 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 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. APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1 Boise-153738.l 0029164-00016 Covad and Qwest respectfully submit this Amendment provides no basis for either these findings, and, therefore jointly request 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 Communications Commission. Expeditious approval of this Amendment will enable Covad to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Covad and Qwest further request 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 February, 2003. Qwest Corporation H/::z-~ Stoel Rives LLP, Attorneys for Qwest and Dhruv Khanna Covad Communications Company APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 Boise-153738.l 0029164-00016 CERTIFICATE o'F SERVICE I hereby certify that on this 28th day of February, 2003, I served the foregoing APPLICATIO,N Fo'R APPRO,V AL o'F AMENDMENT TO, THE INTERCo'NNECTIo'N AGREEMENT upon all parties ofrecord in this matter as follows: Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street Boise, Idaho 83720-0074 ii ewell(CU,puc.state.id. us ----K- Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Dhruv Khanna Covad Communications Company 3420 Central Express Way Santa Clara, CA 95051 Telephone: (408) 616-6610 dkhanna~covad.com Hand Delivery ----K- U. S. Mail Overnight Delivery Facsimile Email Megan Dober-nack Covad Communications Company 7901 Lowry Boulevard Denver, CO 80230 Telephone: (720) 208-3636 mdoberne~covad.com Hand Delivery U. S. Mail ---'- Overnight Delivery Facsimile Email Mary Sullivan Qwest Communications International Inc. 7800 East Orchard Road - Suite 250 Englewood, CO 80111 Telephone: (303) 793-6642 Facsimile: (303) 793-6633 mmsull1 (CU,qwest.com Hand Delivery U. S. Mail Overnight Delivery Facsimile Email 61 i it~ 21 ~'ri'~z/ Brandi L. Gearhart, PLS Legal Secretary to Mary S. Hobson Stoel Rives LLP APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 Boise-153738.10029164-00016 Joint Testing Amendment to the Interconnection Agreement between Qwest Corporation and DIECA Communications , Inc. d/b/a Covad Communications Company for the State of Idaho This is an Amendment ("Amendment") for Joint Testing to the Interconnection Agreement between Qwest Corporation ("Qwest"), a Colorado corporation, and DIECA Communications Inc. d/b/a Covad Communications Company ("CLEC" ). CLEC and Qwest shall be known jointly as the "Parties RECITALS WHEREAS, CLEC and Qwest entered into an Interconnection Agreement ("Agreement") for service in the state of Idaho which was approved by the Idaho Public Utilities Commission ("Commission ); and WHEREAS, the Parties wish to amend the Agreement further 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 adding terms, conditions and rates for Joint Testing as set forth in Attachment 1 and Exhibit A to this Amendment, attached hereto and incorporated herein by this reference. Further Amendments Amendments; Waivers. The provisions of this Agreement, including the provisions of this sentence, may not be amended , modified or supplemented , and waivers or consents departures from the provisions of this Agreement 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, willbe 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. Joint Testing Amd/Covad/lD Amendment to CDS-981229-0118 Page 1 Joint Testing Amendment Entire Agreement. This Agreement (including the documents referred to herein) constitutes the full and entire understanding afld agreement between the parties with regard to the subjects of this Agreement 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 this Agreement. DIECA Communications, Inc. d/b/a Covad Communications Company JV:Jv-y Signature Signature --- Brad M. Sonnenberg Name Printed/Typed Name Printed/Typed SVP & Gf"nf"ral ConnRf"l Title Title 2J~~1/27/03 Date Date Joint Testing Amd/Covad/lD Amendment to CDS-981229-0118 Page 2 Joint Testing Amendment ATTACHMENT 1 Joint Testing Description 1 Qwest's .Joint Testing at the Interconnection Collocation Distribution Frame (ICDF) allows a CLEC to request Qwest to participate in Joint Testing of CLEC terminations at the ICDF once CLEC's equipment has been placed in CLEC's Collocation. Terms and Conditions Qwest will only test between the CLEC Collocation and the ICDF once CLEC equipment is in place. Joint Testing is only available to those terminations that are affected on a New/Change/Augment Collocation Application. Joint Testing is not available on terminations that have been in place ninety (90) calendar Days past the actual Ready For Service (RFS) date. Joint Testing will be available from the time of your installation and for a period up to sixty (60) calendar Days past the actual scheduled Ready For Service (RFS) date. Joint Testing will be completed within ninety (90) calendar days of the actual RFS date. CLEC must specify the type of test to be performed with Qwest presence on the Joint Testing at the ICDF Application or the New/Change/Augment Collocation Application form. CLEC must provide contact information on the application for Qwest to arrange the Joint Testing date. Collocation application forms are located in the Ordering section of Collocation General Information at: http://www.qwestcom/whoiesale/pcat/collocation.html#order 2.4 Qwest will acknowledge acceptance of your application within ten (10) calendar days of an accepted New/Change/or Augment Collocation Application or Joint Testing at the ICDF Application. CLEC will be required to provide the installation administration (e.g. Method Procedures (MOPs) and Completion Notifications (CNs)) in a manner that is consistent with other policies for all Qwest Collocation product offerings. Refer to Qwest's Technical Publication 77350 located in the Product Description section of Collocation General information at: http://www.qwestcom/whoiesale/pcaticollocation. html#prod for procedures. CLEC will provide test gear for CLEC technicians and Qwest will provide test gear for Qwest's technicians to operate. Qwest employees will assist CLEC in conducting continuity tests on terminations at the ICDF. Qwest employees will not operate CLEC test gear. If an error rate of more than 2% is determined to exist on the terminations identified for testing and being tested during the scheduled joint testing period , and the errors are identified as Qwest errors, Qwest will not charge for this Joint Testing ordered by CLEC. However, if there Joint Testing Amd/CovadliD Amendment to CDS-981229-0118 Page 3 Joint Testing Amendment are less than 2% errors found or if the errors are facility errors and CLEC provided the facilities Qwest will charge for the Joint Testing (Le. one (1) pair is counted as two (2) terminations and errors are counted as one (1) termination basis). If CLEC wants additional testing not identified on CLEC application, CLEC will need to complete a new Joint Testing at the ICDF Application. If CLEC requests charges waived because Qwest errors are found during testing, Qwest may access CLEC Collocation space to identify if the facility cabling sequence is correct per applicable standards. CLEC may view Qwest facility cabling at the ICDF to identify cable sequence. If the errors are validated as Qwest errors, the charges are waived. Other wise Qwest will charge for test update 10 If errors are found during the Joint Test, Qwest will only provide tools and materials for the repair of Qwest-network faults. If errors are facility errors and CLEC provided the facilities CLEC will be responsible for the replacement or repair of those facilities.11 Qwest will only provide tools and materials for the repair of Qwest-network faults. Rate Elements The Joint Testing Nonrecurring Charge is specified in Exhibit A of this Amendment. The rate is a minimum of four (4) hours per Joint Testing request at the Virtual Collocation maintenance rate and a per hour charge at the same rate for any time exceeding the four (4) hours. Qwest identified trouble during the ninety (90) calendar Day period, following the your acceptance of the collocation site, will be corrected by Qwest at no additional charge. Qwest will not charge a Quote Preparation Fee (QPF) for Joint Testing. Ordering Qwest will accept a request to provide Joint Testing for up to sixty (60) calendar days past the scheduled RFS date. CLEC is required to submit a request for Joint Testing by checking the Joint Testing box on the New, Change or Augment Collocation Application Form or by sending in the separate Joint Testing Application Form. Applications should be sent to rfsmet~qwest.com . Upon receipt of a complete Application Form, Qwest will contact CLEC to set up a testing time based upon the scheduled RFS. Joint Testing Amd/CovadliD Amendment to CDS-981229-0118 Page 4 Joint Testing Amendment Exhibit A Recurring Nonrecurrjng Notes Joint Testing Joint Testing See -Virtual Virtual Collocation Maintenance Charge (price contains a Collocation four (4) hour minimum)Maintenance of SGA T Exhibit A Per hour additional test time at the Virtual Collocation See -Virtual Charge Collocation Maintenance of the SGA T Exhibit A Joint Testing Amd/CovadllD Amendment to CDS-981229-0118 Page 5 Joint Testing Amendment