20030728Amendment.pdf

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Mary S. Hobson (ISB# 2142)
Stoe1 Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel. com
ZOD3 JUL 28 PIA 1.:: 06
' ,
UTILiTIES COi iSS\ON
Harry L. Pliskin
Covad Communications Company
7901 Lowry Boulevard
Denver, CO 80230
Telephone: [phone]
Facsimile: [phone]
HPliskin~covad.com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION fka US WEST
COMMUNICATIONS, INe. AND COY AD
COMMUNICATIONS COMPANY FOR
APPROV AL OF AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 u.S.
~252( 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
portiones) thereof) discriminates against a telecommunications carrier not a party to this
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Boise-159928,10029164-00016
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 28th day of July, 2003.
and
Harry L. Pliskin
Covad Communications Company
APPLICA nON FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-159928,10029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 28th day of July, 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
11 ewell~puc.state.id. us
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
Megan Doberneck
Covad Communications Company
7901 Lowry Boulevard
Denver, CO 80230
Telephone: [phone]
Facsimile: [phone]
Cell: [phone]
mdoberne~covad.com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Mary Sullivan
Qwest Communications International Inc.
1801 California Street - Room 3800
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
mmsull1 ~qwest. com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
~~#
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-159928,10029164-00016
Amendment for
Basic Installation with Cooperative Testing
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") to the Interconnection Agreement between Qwest
Corporation (flkla US WEST Communications, Inc.
) ("
Qwest") , a 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 the terms, conditions and rates for Basic
Installation with Cooperative Testing, as set forth in Attachment 1 and Exhibit A, 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 Amendment, 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
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
June 23, 2003/msd/Covad/Basic Install with Coop TesUIO
Amendment to COS-981229-0118 - (From 107/25/02 SGAT)
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
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 this
Agreement.
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.
DIECA Communications, Inc. d/b/a
Covad Co ications Company
Signature
SUSAN JIN-DA VIS
Name Printed/Typed
L. T. Christensen
Name PrintedlTyped
Actin General Counsel
Title
Director - Business Policy
Title
Jul 2003
Date
Date
/!?-L/~~
June 23, 2003/msd/Covad/Basic Install with Coop TesUIO
Amendment to COS-981229-0118 - (From 10 7/25/02 SGAT)
Exhibit A
ATTACHMENT 1
Basic Installation with Cooperative Testing
Provisioning options are available for Unbundled Loop elements. Charges for these
Provisioning options vary depending on the type of Loop requested. Rates are
contained in Exhibit A. Testing parameters are described below and in Qwest Technical
Publication 77384.
Basic Installation with Cooperative Testing. Basic Installation with Cooperative
Testing may be ordered for new or existing Unbundled Loops.
For an existing End User, Basic Installation with Cooperative Testing is a
lift and lay" procedure with Cooperative Testing on the Due Date. The COT
lifts" the Loop from its current teimination and "lays" it on a new termination
connecting to CLEC. Upon completion of Qwest performance testing, the Qwest
ImplementorlTester will contact CLEC, read the Qwest test results , and begin
CLEC cooperative testing. Within two (2) business days , Qwest will email the
Qwest test results to a single, designated CLEC office email address. CLEC and
Qwest will perform a Loop back acceptance test, accept the Loop and exchange
demarcation information.
For new End User service, Basic Installation with Cooperative Testing
may require a dispatch to the End User premises. The COT and Field
Technician complete circuit wiring and perform the required performance tests to
ensure the new circuit meets the required parameter limits.
If Qwest fails to perform cooperative testing due to Qwest's fault, Qwest
will waive the nonrecurring charge for the installation option. If CLEC still desires
cooperative testing, the Parties will attempt to set a new appointment time on the
same day and , if unable to do so, Qwest will issue a jeopardy notice and a FOC
with a new Due Date.
June 23, 2003/msd/Covad/Basic Install with Coop TesUIO
Amendment to COS-981229-0118 - (From 10 7/25/02 SGAT)
Idaho-EXHIBIT-
Amendment
Recurring Non-Recurring Notes
Unbundled Network Elements (UNEs)
Unbundled loops
2.4 loop Installation Charges for 2 & 4 wire Analog / Non - loaded, ISDN
BRI Capable, xDSl - I Capable, and ADSl Compatible loop where conditioning is not
required,
2.4,Basic Installation with Cooperative Testing
First $142.
Each Additional $94.
DS1 loop Installation Charges
Basic Install with Cooperative Testing
First $323,
Each Additional $222.40
Notes
Denotes voluntary rate reduction,
Unless otherwise indicated, all rates are pursuant to the owest and AT&T
Interconnection Agreement approved by the Idaho Public Utilities Commission in
Docket Number USW-9~15, Commission Order Number 27738, effective September
1998,
Rates addressed in Cost Docket 6/29/01 & 11/1612001, (TElRIC)
eMS -IDAHO EXHIBIT A-1D-1~02