20031217Amendment.pdf

PC'dL - .
FILED
(3)
Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
ZUG3 DEC 15 PrJ 4: 24
\ j
UTlLrr'IES cm-H1ISSION
Karen Frame, Senior Counsel
Covad Communications Company
7901 Lowry Boulevard
Denver, CO 80230
Telephone: [phone]
Facsimile: [phone]
kframe~covad.com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION fka U S WEST
COM~UNICATIONS, 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
INTER(:ONNECTION 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) thereot) discriminates against a telecommunications carrier not a party to this
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Boise-165406.l 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 15th day of December, 2003.
Qwest Corporation
Wif
If-,;
Mary S. bson
Stoel Rives LLP, Attorneys for Qwest
and
Karen Frame, Senior Counsel
Covad Communications Company
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-165406.l 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of December, 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
iiewell~puc.state.id.
Hand Delivery
S. Mail
Overnight Delivery
Facsimile
Email
Karen Frame, Senior Counsel
Covad Communications Company
7901 Lowry Boulevard
Denver, CO 80230
Telephone: [phone]
Facsimile: [phone]
kframe~covad.com
Hand Delivery
---X- U. S. Mail
Overnight Delivery
Facsimile
Email
Megan Doberneck
Covad Communications Company
7901 Lowry Boulevard
Denver, CO 80230
Telephone: [phone]
Facsimile: [phone]
mdoberne~covad.com
Hand Delivery
---X- u S. Mail
Overnight Delivery
Facsimile
Email
~;rtdt
/(.~
at/uzz/-
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-165406.l 0029164-00016
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 Amendment ("Amendment"is to the Interconnection Agreement between Qwest
Corporation (f/k/a 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 Commission previously approved an Amendment for Joint Testing; and
WHEREAS, the Parties wish to replace the aforementioned Amendment 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:
Amendment Terms
The Agreement is hereby amended by replacing the aforementioned previously approved Joint
Testing Amendment, in its entirety, with the terms, conditions and rates for Joint Testing, as set
forth in Attachment 1 and Exhibit A, attached hereto and incorporated herein.
Rates in Exhibit A will reflect legally binding decisions of the Commission and shall be applied
on a prospective basis from the effective date of the legally binding Commission decision
unless otherwise ordered by the Commission.
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 must 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 when all system changes have been made. Actual order
processing may begin once these requirements have been met.
Amendments: Waivers
Except as modified herein, the provisions of the Agreement shall remain in full force and effect.
The provisions of this Amendment, including the provisions of this sentence, may not be
October 28 , 2003/msd/Covad/Joint Testing/I 0
Amendment to CDS-981229-0 118
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, 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 Aareement
This Amendment (including the documents referred to herein) constitutes the full and entire
understanding and agreement between the Parties with regard to the subjects of this
Amendment and supersedes any prior understandings, agreements, amendments
representations by or between the Parties, written or oral, to the extent they relate in any way to
the subjects of this Amendment.
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 Communications Companyc- nature
J~cs A. KI r IJeUllct
Name Printed/Typed
'5YP * ~€flM~1 CfnM1
Title
ll1J
Date
October 28, 2003/msd/Covad/Joint Testing/ID
Amendment to CDS-981229-0 118
Qwest Corporation
. j
~--CCt '-, L
Signature
L. T. Christensen
Name Printed/Typed
Director - Business Policy
Title
~/lO Is:s
Date
ATTACHMENT 1
Joint Testing
Description
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 CLEC Collocation and the ICDF once CLEC equipment is
in place. Joint Testing is only available for the terminations identified on the Collocation
application or Joint Testing application. If CLEC wants additional terminations tested that are
not identified on its initial application CLEC will need to complete a new Joint Testing
application. 1
Joint Testing will be completed within ninety (90) calendar days of the actual RFS date.
CLEC must specify the type of termination 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.qwest.com/whoiesale/pcaticollocation.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.
If during the scheduled Joint Testing, the Qwest-caused error rate is more than two
percent (2%) on the terminations identified for testing, Qwest will not charge for this Joint
Testing. If there are less than two percent (2%) errors found or if the errors found are facility
errors on CLEC provided facilities , Qwest will charge for the Joint Testing. One (1) pair is
counted as two (2) terminations and errors are counted on a one (1) termination basis. If CLEC
requests that the charges be waived because Qwest errors are found during Joint Testing,
Qwest may access CLEC's Collocation space to identify if the facility cabling sequence is
correct, per applicable standards. CLEC may review Qwest facility cabling at the ICDF to verify
the cable sequence, per applicable standards.
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
Revised for approved CMP Product Notice (PROD.07.08.03.F.03459.FNL Collo V12.) July 8 2003.
Revised for approved CMP Product Notice (PROD.07.08.03.F.03459.FNL Collo V12.) July 8 2003
October 28, 2003/msd/Covad/Joint Testing/lD
Amendment to CDS-981229-0 118
Rate Elements
1 Joint Testing Charges: The charges for Joint Testing are nonrecurring. It is a one (1) hour
set up fee per Joint Testing request at the Virtual Collocation maintenance rate, specified in
Exhibit A, and in addition a per half-hour charge testing fee at the Virtual Collocation
maintenance rate. Qwest will not charge for the Joint Testing based on the Joint Testing
Qwest-caused error rate as described in Section 2.
Ordering
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(CV.qwest.com. Upon receipt of a complete
Application Form, Qwest will contact CLEC to set up testing time based upon the
scheduled RFS.
October 28, 2003/msd/Covad/Joint Testing/lD
Amendment to CDS-981229-0118
Exhibit A
IDAHO
(price contains a $48.
$24.
October 28, 2003/msd/Covad/Joint Testing/ID
Amendment to CDS-981229-0118