20030425Amendment.pdf

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101 S. Capitol Boulevard. Suite 1900
Boise. Idaho 83702
main 208.389.9000
ZOO3 APR 24 PH 4: 13 fax [phone]
www.stoel.com
ATTORNEYS AT lAW
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UTlL ,fIES'" COI'iMISSION
April 23 , 2003
MARY S. HOBSON
Direct [phone]
mshobson(iYstoel.com
VIA HAND DELIVERY
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
Re:Case No. USW-99-
APPLICATION FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation fka U S West
Communications and Covad Communications Company is an original of the Application for
Approval of Amendment to the Interconnection Agreement. The parties respectfully request
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
AiMMlIf;~
Mary S.' il;b~on
:blg
Enclosure
Oregon
Washington
California
Utah
Boise-l 56024.1 0029164-00016 Idaho
Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ID 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
HECEIVEO mFILED
ZOO3 APR 24 PM 4: 13
iU;\il'J FUUl1C
UTILITIES COht'lISSION
Harry L. Pliskin
Covad Communications Company
7901 Lowry Boulevard
Denver, CO 80230
Telephone: [phone]
Facsimile: [phone]
Cell: [phone]
HPliskin~covad.com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION tka U S WEST
COMMUNICATIONS, INe. AND COY
COMMUNICATIONS COMPANY FOR
APPROV AL OF AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 US.
9252(e)
CASE NO.: USW-99-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and 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
portion(s) thereof) discriminates against a telecommunications carrier not a party to this
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Boise-l 56023.1 0029164-00016
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
Covad and Qwest respectfully submit this Amendment provides no basis for either of
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 ;t;1 ay of April, 2003.
Qwest Corporation~If~
Stoel Rives LLP, Attorneys for Qwest
and
Harry L. Pliskin
Covad Communications Company
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-156023.10029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this J!I!!: day of April, 2003 , 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
Boise, Idaho 83720-0074
i i ewell~puc.state.id. us
-X- Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Harry L. Pliskin
Covad Communications Company
7901 Lowry Boulevard
Denver, CO 80230
Telephone: [phone]
Facsimile: [phone]
Cell: [phone]
HPliskin~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: [phone]
Facsimile: [phone]
mmsull1 ~qwest.com
Hand Delivery-X- U. S. Mail
Overnight Delivery
Facsimile
Email
d~~
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-156023.10029164-00016
DC Power Reduction Procedure 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 DC Power Reduction Procedure to the
Interconnection Agreement between Qwest Corporation (flkla U S WEST Communications, Inc.
("Qwest"
) ,
Colorado corporation, and DIECA Communications Inc. d/b/a Covad
Communications Company ("CLEC"), a Virginia 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 April 22, 1999, as
referenced in Case No. USW-99-, Order No. 28012 ("Agreement"); 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 adding terms, conditions and rates for DC Power
Reduction Procedure, as set forth in Attachment 1 and Exhibit A to this Amendment, attached
hereto and incorporated herein.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission; however, the
Parties may agree to implement the provisions of this Amendment upon execution. To
accommodate this need, CLEC will 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 within three (3) business days after all system changes have
been made. Actual order processing may begin once these requirements have been met.
Amendments; Waivers
The provisions of this Agreement, including the provisions of this sentence, may not be
amended , modified or supplemented without the written consent thereto by both Parties
authorized representatives. Waivers of, or consents to, 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, 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.
March 6 2003/msd/Covad/DC Power Reduction/lD
Amendment to CDS-981229-0118/C
Reservation of Rights
The Parties agree to the terms and conditions of this Amendment without waiving any current or
future relevant legal rights, and without prejudicing any position either Party may take on
relevant issues before state or federal regulatory or legislative bodies or courts of competent
jurisdiction. This clause specifically contemplates, but is not limited to: (a) the position either
Party may take in any proceeding or before the FCC or any state public utility commission
related to the terms and conditions of temporary or permanent power reductions; or (b) the
position either Party may take in any cost docket related to the terms and conditions of
temporary and permanent power reductions.
Entire Agreement
This Agreement (including the documents referred to herein) constitutes the full and entire
understanding and agreement between the parties with regard to the subjects of this Agreement
and supersedes any prior understandings, agreements, amendments or representations by or
between the parties , written or oral, to the extent they relate in any way to the subjects of thisAgreement.
The Parties intending to be legally bound have executed this Amendment as of the dates set
forth below.
DlECA Communications, Inc. d/b/a
Covad Communications Company
~?iZi-Signature
BRAD SONNENBERG
Name PrintedlTyped
L. 1. Christensen
Name PrintedlTyped
Senior VP & General CounselTitle
April
.)
, 2003
Date
Director - Business Policy
Title
/rt!o~
Date
March 6, 2003/msd/Covad/DC Power Reduction/lD
Amendment to CDS-981229-0118/C
Attachment 1
ATTACHMENT 1
DC POWER REDUCTION PROCEDURE
Description
Qwest's Power Reduction Procedure offers CLEC the option to reduce power on
existing feed. It allows a CLEC to reserve a fuse or breaker position on the power board or
Battery Distribution Fuse Bay (BDFB) when reducing a multiple feed to zero. CLEC's payment
of the Monthly Power Maintenance charge will provide an option to hold the existing power
cabling and fuse position for the CLEC's future power augment requests as described in section
6 below.
Terms and Conditions
If a CLEC wishes to reduce its amount of power and will not require it for future use
Qwest will process the request as a standard augment order and not as a DC Power Reduction
request.
Applications for DC Power Reduction may be submitted only for collocation sites that
have been previously accepted by the CLEC. Power reductions to sites under construction or
for sites not previously accepted by the CLEC, will follow standard change or augment
procedures and rates.
Before submitting a power reduction application, CLEC'financial obligations with
respect to the collocation site must be current, with the exception of formally disputed charges.
CLEC's financial obligations include payment of one hundred percent (100%) of all undisputed
non-recurring quoted charges for the collocation site and all applicable monthly recurring
charges that are more than 30 days past due.
2.4 Collocation applications for new, change and augment requests must be submitted to
the Collocation Project Management Center (CPMC) on the form provided by Qwest at
www.Qwest.co.lwholsale/pcatlcoliocation.html.apform.The CPMC will notify the CLEC of any
deficiencies in the application within ten (10) days of receipt. A nonrefundable Quote
Preparation Fee (QPF) in the amount reflected in Exhibit "A" of this Amendment must be
submitted with the application.
A walk through will be performed prior to quote preparation to determine the amount of
work required to perform the power reduction.
When eliminating a secondary feed, CLEC may purchase the option to have the power
cable and fuse position held for its future use. CLEC will be required to pay a monthly Power
Maintenance Charge until such time as CLEC notifies Qwest that it wishes either to reenergize
the feed or to discontinue the option. In instances where a shortage of fuse position is
imminent, Qwest reserves the right to notify CLEC of the need to exercise its option or
relinquish the fuse position to Qwest. Upon receipt of such notification, CLEC will have the
option of energizing the secondary feed to at least 20 amps or returning the fuse position to
Qwest within thirty (30) days of receipt of the notification.
CLEC assumes all responsibility for outages and/or impacts to GLEe-provided service
and equipment due to the reduction in DC Power. CLEC shall be notified at least 48 hours in
advance of the time and date of the power reduction and given the opportunity to observe the
actual reduction procedure from within the Central Office spaces to which CLEC normally has
March 6, 2003/msd/Covad/DC Power Reduction/lD
Amendment to CDS-981229-0118/C
Attachment 1
access.
Restoration of the desired power is contingent upon desired power and fuse position
availability.
Rate Structure
Collocation charges will be based upon the information provided to Qwest by CLEC on
the Collocation Application Form. Below is an example of additional charges that are unique to
a Power Reduction Request and will be provided to CLEC via a quote:
Based on this evaluation of work provided in the quote, the rates provided in
Exhibit A to this Amendment will apply. One QPF per application/per collocation site will
be charged. When multiple feeds at the same collocation space are reduced or
eliminated, CLEC will pay one QPF. Other nonrecurring and recurring charges may
apply as reflected in CLEC's Interconnection Agreement. If the quote contemplates the
performance of work not included in rates identified in Exhibit A of this Amendment, such
charges shall be identified in the quote.
Qwest will provide CLEC a quote for additional nonrecurring charges associated
with the Power Reduction Procedure based upon the rates provided in Exhibit A. All
quoted nonrecurring charges must be paid within thirty (30) Days from the quote. Such
payment constitutes CLEC's quote acceptance and authorizes Qwest to perform the
work to effect the requested power reduction. All rates and charges identified in the
quote will be based on those rates in the Agreement and Exhibit A of this Amendment. If
appropriate rates and charges are not available from those sources, Qwest will use
tariffs or other rate sources as a basis for preparing the quote.
Billing to CLEC for initial power value at the collocation site will be modified to
reflect the reduced amount upon receipt of payment of the quoted charges and will be
made effective back to the date of acceptance of the Power Reduction Application by the
CPMC.
1.4 Recurring billing for the Power Maintenance Charge will terminate on the day
CLEC energizes the feed or returns the fuse position to Qwest.
Nonrecurring Charges
QPF: Includes the cost of performing a feasibility study and producing the quote
for fulfilling the Power Reduction request. It covers the project, order and support
management associated with the administrative functions of processing the request.
Power Reduction Charge: Includes costs associated with reducing the
fuse/breaker size. Rates are categorized in this manner based upon the work involved
and power distribution point (e., BDFB or power board) and are set forth in Exhibit A of
CLEC's Interconnection Agreement. Where additional work is needed, such as rewiring
the power lead at the power source (or some cases may require relocation of the feed),
rates will be calculated on an Individual Case Basis (ICB) basis. These rates will be
provided to CLEC on the quote prior to work beginning.
Power Restoration Charge (assessed if power is restored): 1GB Charge
associated with restoring the power cable to the power source and is contingent upon
whether the desired power and fuse position is available. Qwest will evaluate work
March 6, 2003/msd/Covad/DC Power Reduction/lD
Amendment to CDS-981229-0118/C
Attachment 1
required to perform the Power Restoration request and provide CLEC a quote utilizing
standard power element charges (for example , DC power usage, labor, and cabling
charges) included in Exhibit A of CLEC's Interconnection Agreement.
Recurring Charge
Power Maintenance Charge: Monthly recurring charge associated with option to
hold the power infrastructure from a secondary feed in place for potential CLEC
requests.
Ordering
CLEC should submit the "Collocation Application for New, Augment or Change" and
indicate specific power feeds to be reduced (e., eliminate or reduce multiple feeds from 60 to
zero amps or reduce main feed from 60 to 20 amps). Under the "type of request" category
CLEC should indicate that this is an Augment.
March 6 2003/msd/Covad/DC Power Reduction/lD
Amendment to CDS-981229-0118
Exhibit A
EXHIBIT A
Power Feed Initial Voltage Work Performed Applicable Charges
Type Value
Reduce Primary Initial amount less Changing fuse QPF-$441.
or secondary than 60 amps value at BDFB-Power reduction charge
feed value Note: Must maintain No cabling work $346.
20 amp minimum required.Total Charge: $787.
primary feed.
Initial feed at power Changing breaker QPF-$441.
board and with at Power plant Power reduction charge
reduction cable $587.
stays at power Total Charge: $1028.
board.
Reduction of power Requires power Walk through will detail work
requires a change in cabling changes and elements needed to
location from power and detailed perform reduction. Quote will
board to BDFB.engineering work be provided on an ICB utilizing
performed.standard power element
charges (DC power usage
cabling etc.) as defined in
CLEC's Interconnection
AQreement.
Secondary May be reduced to Power restored to $68.92 is added to above
Feed zero and held in Qwest inventory.nonrecurring power reduction
place for future Fuse position and based on initial value of
augment requests.cabling held for secondary feed. QPF-$441.
future use.
Power Maintenance Charge -
Monthly recurring charges of
$37.00 to hold fuse position.
Cate 0
Power
Restoration
Descri tion
Qwest will evaluate work required to
perform Power Restoration of the power
cable to the power source contingent on
whether the desired power and fuse
position is available.
Rates/Char es
ICB Charge with standard
power element charges (e.
DC power usage, labor, and
cabling charges) as defined in
Exhibit A of CLEC'
Interconnection A reement.
March 6 2003/msd/Covad/DC Power Reduction/lD
Amendment to CDS-981229-0118