20040324Amendment.pdf

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Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
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Karen Frame, Senior Counsel
Covad Communications Company
7901 Lowry Boulevard
Denver, CO 80230
Telephone: [phone]
kftame~covad.com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION fka U S WEST
COMMUNICATIONS, INe. AND COY
COMMUNICATIONS COMPANY FOR
APPROV AL OF AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 US.
g252(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
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-169038.10029164-00016
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 22nd day of March, 2004.
Qwest Corporation
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Mary S. ffibbson
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-169038,10029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 22nd day of March, 2004, 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
-L Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Karen Frame, Senior Counsel
Covad Communications Company
7901 Lowry Boulevard
Denver, CO 80230
Telephone: [phone]
kftame~covad.com
Hand Delivery-L U. S. Mail
Overnight Delivery
Facsimile
Email
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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-169038.10029164-00016
CLEC Maintenance of Common Area Splitter Collocation 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 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 and conditions for CLEC Maintenance of
Common Area Splitter Collocation , as set forth in Attachment 1, attached hereto and
incorporated herein.
Rates in Exhibit A shall be updated to 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. Rates in Exhibit A that are "Under
Development" shall be updated upon establishment of a rate.
Effective Date
This Amendment shall be deemed effective upon Commission approval; 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
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
March 5, 2004/msd/Covad/Maintenance of CASC/ID
Amendment to CDS-981229-0118
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
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.
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 Company
Signature
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Name Printed/Typed
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Title
L. T. Christensen
Name Printed/Typed
~~,::,tor - I ~rco~ection A reements
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Date Date
March 5, 2004/msd/Covad/Maintenance of CASC/ID
Amendment to CDS-981229-0118
ATTACHMENT 1
ATTACHMENT 1
Common Area Splitter Collocation
Line Sharing
9.4.CLEC Collocation Area Splitter
9.4.If a CLEC elects to have Plain Old Telephone Service (POTS)
Splitters installed in Qwest Wire Centers via the standard Collocation
arrangements set forth in the Collocation Section , CLEC will either purchase the
POTS Splitters or have Qwest purchase the POTS Splitters subject to full
reimbursement of the cost of the POTS Splitters plus any pass through actual
vendor invoice costs, including but not limited to taxes, shipping and handling.
The POTS Splitters must meet the requirements for Central Office equipment
Collocation set by the FCC and Network Equipment Building System (NEBS)
Level 1 Safety standards. CLEC will be responsible for installing and maintaining
the POTS Splitters in its Collocation areas within Qwest Wire Centers.
9.4.2 Common Area Splitter Collocation
9.4.If CLEC's Interconnection Agreement provides for Common Area
Splitter Collocation and if CLEC elects to have POTS Splitters installed in Qwest
Wire Centers via Common Area Splitter Collocation, the POTS Splitters will be
installed in those Wire Centers in one of the following locations: (a) in a relay
rack near CLEC's DSO termination points; (b) on an ICDF to the extent such a
frame is available; or (c) where options (a) and (b) are not available, or in Wire
Centers with network access line counts of less than 10,000, on the
COSMICTM/MDF or in some other appropriate location such as an existing Qwest
relay rack or bay. In Wire Centers with access line counts greater than 10,000,
when all common area Splitter bays and racks are fully utilized, space permitting,
Qwest will allow CLEC to place POTS Splitters on the COSMIC/MDF. CLEC
either may purchase POTS Splitters or have Qwest purchase the POTS Splitters
subject to full reimbursement of the cost of the POTS Splitters plus any pass
through actual vendor invoice costs, including but not limited to, taxes, shipping
and handling. The POTS Splitters must meet the requirements for Central Office
equipment Collocation set by the FCC and NEBS Level 1 Safety standards.
Qwest will be responsible for installing the POTS Splitter shelf with cards
supplied, but CLEC will lease the POTS Splitters to Qwest at no cost. Qwest
may install the POTS Splitters' shelves of different CLECs in a single relay rack
(bay) or frame. CLECs with physical caged or cageless Collocation will have the
option to maintain their POTS splitter cards or have Qwest perform this
maintenance function. If the CLEC elects to maintain the POTS splitter cards
the CLEC will be responsible to troubleshoot and replace defective cards. Qwest
will be responsible for troubleshooting and trouble isolation of circuit continuity
issues up to the splitter card and from the splitter card to the DMARC. CLEC will
be responsible to add splitter cards as necessary to provision un-carded splitter
shelf slots and to clearly label the splitter shelf as CLEC maintained. Election to
maintain the POTS splitter cards will be for all CLEC Common Area Splitter
Collocation sites in Qwest's 14-state region. If Qwest performs the POTS splitter
card maintenance the CLEC will be responsible for inventory and supply of spare
cards in the event a defective card requires replacement or a card needs to be
March 5, 2004/msd/Covad/Maintenance of CASC/ID
Amendment to CDS-981229-0118
ATTACHMENT 1
added to provision an unused splitter shelf slot. Qwest will not be responsible for
shortages of POTS Splitters or Qwest's inability to obtain POTS Splitters from
vendors, if acting as purchasing agent on behalf of CLEC.
9.4.Rate Elements
9.4.Not applicable as Maintenance is performed by CLEC.
9.4.4 Ordering Process
Common Area Splitter Collocation
This section only applies to situations where CLEC orders
placement of the Splitter in a common area.
9.4.4.New POTS Splitter shelves may be ordered at the same
time as a new Collocation on a single Collocation application form.
single ordering processing charge applies. CLEC shall indicate in the
notes section of the Collocation application if CLEC elects to maintain the
POTS splitter cards. Standard intervals as contained in Exhibit C will
apply.
9.4.4.New POTS Splitter shelves may be ordered with an
existing Collocation. CLEC must submit a new Collocation application
form and the applicable fee to Qwest. CLEC shall indicate in the notes
section of the Collocation application if CLEC elects to maintain the POTS
splitter cards. Standard intervals as contained in Exhibit C will apply.
9.4.Repair and Maintenance
When POTS Splitters are installed in Qwest Wire Centers via
Common Area Splitter Collocation , CLEC will order and install additional Splitter
cards as necessary to increase the capacity of the POTS Splitters. CLEC will
leave one empty Splitter card in every shelf to be used for repair and
maintenance until such time as the card must be used to fill the shelf to capacity.
If CLEC elects to maintain the POTS splitter cards, the CLEC will be responsible
to troubleshoot, repair and replace, if necessary, the POTS splitter cards.
March 5, 2004/msd/Covad/Maintenance of CASC/ID
Amendment to CDS-981229-0118