20040517Amendment.pdf

Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
msho b son~stoe 1. COlli
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UTILIT IES GOf"1t"11SSION
Karen Frame, Senior Counsel
Covad Communications Company
7901 Lowry Boulevard
Denver, CO 80230
Telephone: [phone]
kframe~covad.com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION fka 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- T -99-
APPLICATION FOR APPROV AL 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( )(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-171194.10029164-00016
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 14th day of May, 2004.
Qwest Corporation
tltt v~ (hL-.
Mary S. ff'o bson
Stoel Rives LLP, Attorneys for Qwest
and
Karen Frame, Senior Counsel
Covad Communications Company
APPLICA TION FOR APPROV AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2
Boise-1711 94.1 0029164-00016
CER TIFI CA TE OF SER VI CE
I hereby certify that on this 14th day of May, 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
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Karen Frame, Senior Counsel
Covad Communications Company
7901 Lowry Boulevard
Denver, CO 80230
Telephone: [phone]
kframe~covad.com
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-171194.10029164-00016
Commercial Line-Sharing Amendment
to the
Interconnection Agreement
Between
Qwest Corporationand
DIECA Communications, Inc., dba Covad Communications Company
for the State of Idaho
This Amendment ("Amendment") is to the Interconnection Agreement between Qwest
Corporation (fIkIa U S WEST Communications, Inc.
) ("
Qwest"), a Colorado corporation
and DIECA Communications, Inc., dba Covad Communications Company ("CLEC"), a
Virginia corporation.
RECIT ALS
WHEREAS, the Parties entered into an Interconnection Agreement dated January 15
1999, for service in the State of Idaho, that was approved by the Idaho Public Utilities
Commission ("Commission ) on April 22 1999 ("Agreement"); and
WHEREAS, CLEC wishes to enter into an agreement to obtain line-sharing on a
commercial basis from Qwest between October 2, 2003 and October 1 , 2004 at rates,
terms, and conditions agreed to and different than the rates terms and conditions of the
Agreement, and Qwest wishes to provide such line-sharing;
WHEREAS, the Parties wish to amend the Agreement by adding the applicable terms
and conditions for commercial line-sharing.
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:
1. Amendment Terms
This Amendment is made in order to add to the Agreement the terms, conditions and
rates for Commercial Line-Sharing, as set forth in Attachments 1 and Exhibit A, attached
hereto and incorporated herein.
2. Effective Date
This Amendment shall be deemed effective upon Commission approval; however, the
Parties agree to implement the provisions of this Amendment for Line Sharing orders
with due dates on or after October 2 , 2003. 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. CLEe will
notified when all system changes have been made. Actual order processing may begin
once these requirements have been met.
April 14, 2004/Covad/Commercial Line Sharing/lD
Amendment
3. Amendments; Waivers
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
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.
4. Reservation of Ri9!!!!
Nothing in this Agreement shall be deemed an admission by Qwest or CLEC concerning
the interpretation or effect of the rates, terms or conditions for the subject matter
contained in this Amendment or an admission by Qwest or CLEC that the rates , terms or
conditions should not be changed , vacated, dismissed, stayed or modified. Nothing
this Amendment shall preclude or estop Qwest or CLEC from taking any position in any
forum concerning the proper rates , terms or conditions or concerning whether the rates
terms or conditions should be changed , vacated, dismissed , stayed or modified.
5. Entire Agreement
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
or 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., dba
Covad Communications Company
Qwest Corporation
Auth~ ~~t
bf#V'1~
R,.
Name Printed/Typed
(U Avn \- .. f13O
Title
Date
4/~
Authorized Signature
L. T. Christensen
Name Printed/Typed
Director - Business Policy
Title
Date
April 14, 2004/Covad/Commercial Line Sharing/ID
Amendment
3. Amendments; Waivers
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 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.
4. Reservation of RiQh!!
Nothing in this Agreement shall be deemed an admission by Qwest or CLEC concerningthe interpretation or effect of the rates, terms or conditions for the subject matter
contained in this Amendment or an admission by Qwest or CLEC that the rates, terms or
conditions should not be changed, vacated, dismissed , stayed or modified. Nothing
this Amendment shall preclude or estop Qwest or CLEC from taking any position in any
forum concerning the proper rates, terms or conditions or concerning whether the rates
terms or conditions should be changed, vacated, dismissed, stayed or modified.
5. Entire Agreement
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,
or representations by or between the Parties, written or oral, to the extent they relate
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., dba
Covad Communications Company
Qwest Corporation
------
Authorized Signature Authorized Signature
Name Printed/Typed
L. T. Christensen
Name Printed/Typed
Director - Business Policy
Title
#rf
Title
Date Date
April 14, 2004/Covad/Commercial Line Sharing/ID
Amendment
Attachment
ATTACHMENT
22 Commercial Line Sharing
22.1 Description
Commercial Line Sharing provides CLEC with the opportunity to offer advanced data
services simultaneously with an existing end user customer analog voice-grade
POTS") service provided by Qwest on a single copper loop referred to herein as
Commercial Shared Loop" by using the frequency range above the voice band on a
copper loop. This frequency range will be referred to herein as the High Frequency
Portion of the loop ("the HFPL"). A splitter separates the voice and data traffic and
allows the copper loop to be used for simultaneous data transmission and Qwest POTS
service. The splitter must be provisioned prior to ordering Commercial Line Sharing.
The POTS service must be provided to the end user customer by Qwest.
22.Qwest agrees to provide Line Sharing on a commercial basis as
set forth below.
22.Term. CLEC may order Commercial Line Sharing
arrangements during the period beginning on October 2, 2003 and ending
on October 1 , 2004 ("Commercial Line Sharing ) in accordance with the
provisions of this subsection. The monthly recurring charge for any
Commercial Line Sharing arrangement shall apply as set forth below.
This Amendment expires on October 1, 2004, however Qwest shall
continue to provide services ordered under this Amendment pursuant to
Terms and Conditions for Commercial Line Arrangements dated April 14
2004 ("the Commercial Line Sharing Agreement"
(a) During the period beginning on October 2, 2003
and ending on October 1 , 2004, the monthly recurring charge for any
Commercial Line Sharing arrangement shall be as provided in Exhibit A.
22.Discontinuation of Voice Service. Notwithstanding
anything herein to the contrary, if Qwest disconnects an end user
customer s voice service in accordance with Applicable Law, then CLEC
shall have the option to purchase the entire loop being disconnected if it
wishes to continue providing DSL service to such end user customer;
provided that.if Covad does not exercise such option, both the DSL and
voice services provisioned over the line will be disconnected by Qwest.
22.Conversion of Existing Line Sharing Arrangements.
COV AD may convert any existing line sharing arrangements under its
Interconnection Agreement or any amendment thereto to Commercial
Line Sharing during the term of this Amendment provided that. such
conversions shall not be included as New. Incremental Growth for
purposes of determining pricing of Commercial Line Sharing under the
Commercial Line Sharing Agreement. A separate , cost-based conversion
charge may apply.
April 14, 2004/Covad/Commercial Line Sharing/lD
Amendment
Attachment
22.Terms and Conditions
22.General
22.To order the HFPL, CLEC must have a splitter installed in
the Qwest wire center that serves the end user customer as provided for
in this Section. Splitters may be installed in Qwest Wire Centers per the
Collocation Section of CLEC's interconnection agreement with Qwest.
Splitters will be appropriately hard-wired or pre-wired so that Qwest is not
required to inventory more than two (2) points of termination. The end
user customer must have dial tone originating from a Qwest Switch in that
Wire Center. CLEC must provide the end user customer with , and
responsible for, the installation of a splitter filter(s) and/or other
equipment necessary for the end user customer to receive separate voice
and data service across a single copper loop.
22.Any orders with a due date on or after October 2, 2004 for
Commercial Line Sharing arrangements or repair of Commercial Line
Sharing arrangements will be deemed to have been ordered pursuant
the Commercial Line Sharing Agreement dated April 14, 2004 and not
pursuant to this Amendment. On or after October 2, 2004 , changes to the
operations support systems and other processes required to support
Commercial Line Sharing shall not be subject to and shall be exempt from
any otherwise applicable provisions of the change management process
(CMP); and Commercial Line Sharing arrangements shall not be subject
to performance assurance plan remedies or any other service quality
standards or remedies applicable to Qwest.
22.CLEC may use the HFPL to provide any xDSL services
that will not interfere with analog voiceband transmissions and otherwise
in accordance with Applicable Law. Such services currently include but
may not be limited to ADSL, RADSL, Multiple Virtual Lines (MVL) and
G.lite. In the future, additional services may be used by CLEC to the
extent those services are deemed acceptable for Commercial Line
Sharing deployment under Applicable Law or governing industry
standards.
22.1.4 CLEC may not order the HFPL on a given copper loop if
Qwest, or another Telecommunications Carrier, is already using the high
frequency spectrum, unless the end user customer provides authorization
to the new provider to perform the disconnect of the incumbent provider
DSL or other service using the high frequency spectrum.
22.CLEC may request, and Qwest shall provide, required
conditioning on up to 50/0 of the Commercial Shared Loops arrangements
ordered by CLEC in a calendar year. Conditioning shall mean the
removal of load coils and interfering bridged taps, but shall not include
any line moves or special construction. UDC removal and line moves
may be provided by Qwest on Commercial Shared Loop arrangements in
April 14, 2004/Covad/Commercial Line Sharing/ID
Amendment
Attachment
accordance with Qwest's facility provisioning and routine network
modification processes; notwithstanding the foregoing, Qwest may
modify or discontinue such processes pursuant to Applicable Law. Any
conditioning above the 50/0 cap shall be subject to the charges for loop
conditioning in Exhibit A. Qwest shall perform requested conditioning,
including de-loading and removal of interfering bridged taps, unless
Qwest demonstrates in advance that conditioning a Commercial Shared
loop will significantly degrade the end user customer s analog voice-grade
POTS service. Based on the pre-order make-up of a given copper loop,
CLEC can make a preliminary determination if the loop can meet the
technical parameters applicable to the data service it intends to provide
over the loop.
22.Qwest may conduct an annual audit to determine
the sum of conditioned Commercial Line Shared loops in the
preceding calendar year (January through December), if any, that
exceeded the 50/0 cap on conditioning. The number that exceed
the 50/0 cap shall be assessed a non-recurring charge to
assessed for all conditioning performed above the 50/0 cap
described in section 9.22.5 of this Agreement. CLEC shall
pay such charges within 30 days of receiving notice of them.
22.Rate Elements
22.Recurring Rates for Commercial Shared Loop.
22.Commercial Shared Loop Charge - A monthly recurring
charge for the use of the Commercial Shared Loop shall apply. This
charge shall be inclusive of any charges to recover modification or
upgrade costs to Qwest Operations Support Systems (OSS) required to
accommodate line sharing, whether such charges are recovered by
Qwest as recurring or non-recurring charges. Notwithstanding the
foregoing, OSS development, enhancement, and maintenance costs
applicable to all UNEs may be recovered through a separate cost-based
charge pursuant to Applicable Law.
22.Interconnection Tie Pairs - Two Interconnection Tie Pairs
(2 ITPs), 1 for voice and 1 for combined voice/data, per connection.
22.Nonrecurring Rates for the Commercial Shared Loop.
22.Basic Installation Charge for Commercial Shared Loop - A
nonrecurring charge for each Commercial Shared Loop installed shall
apply. As provided in Section 9.22.5, Conditioning shall be included
in this charge, subject to the 50/0 cap on conditioning.
22.If the conditioning significantly degrades the voice services
on the loop such that it is unacceptable to the end user customer, CLEC
shall pay the conditioning charge in Exhibit A to recondition the loop.
22.A separate Conditioning charge may apply pursuant to
April 14, 2004/Covad/Commercial Line Sharing/ID
Amendment
Attachment
Section 9.22.5 above.
22.2.4 Any Miscellaneous work performed by Qwest at the
request of the CLEC will be billed according to current Qwest federal
access tariff, and CLEC agrees to pay such charges.
22.A separate cost-based charge for Conversions of existing
line sharing arrangements pursuant to section 9.22.3 may apply. If
the Parties cannot mutually agree upon such charge, Qwest shall apply a
conversion charge on an ICB basis, and COY AD agrees to pay such
charges.
22.Nonrecurring Rates for Maintenance and Repair.
22.Trouble Isolation Charge - A nonrecurring charge for
trouble isolation shall be applied in accordance with Qwest's current
federal access tariff.
22.Additional Testing CLEC may request Qwest to perform
additional testing, and Qwest may decide to perform the requested testing
on a case-by-case basis. A nonrecurring charge will apply in accordance
with Qwest's current federal access tariff.
22.4 Ordering Process
22.4.The ordering process for Commercial Shared Loops shall be
pursuant to the process stated in the Interim Line-sharing Agreement dated April
2000, as amended.
22.5 Repair and Maintenance
22.1 The repair and maintenance process for Commercial Shared Loops
shall be pursuant to the process stated in the Interim Line-sharing Agreement
dated April 20, 2000 , as amended.
22.6 Intervals
22.1 The intervals for the provisioning and repair of Commercial Shared
Loops ordered under this Amendment shall be pursuant to the applicable
process stated in the Interconnection Agreement, as amended , subject
to the provisions of section 9.22.2 of this Amendment.
April 14, 2004/Covacl/Commercial Line SharingllDAmendment
209.Interconnection Tie Pairs ClTP) - Per Termination
209.DSO $0.
209.DS1 $1.
209.DS3 $14.
Shared Services
209.Line Sharing
209.Shared Loop, per Loop from 10/2/03 through 10/1/04 (footnote $0.$38.
Rate GrouDs for determinina RC rate for Line Installed 101212004-9/3012005
Previous Year New Incremental Growth totalina 15.000 Lines or more $5.$35.
Previous Year New Incremental Growth totalinQ12,5oo-14,999 LineSfGt. 12,500 rate)$6.$35.
Previous Year New Incremental Growth totalinQ7,500-12,499 Lines(Gt. 7,500 rate)$7.$35.
Previous Year New Incremental Growth totalinQless that 7,500 Lines $8.$35.
Rate GrouDs for determinina RC rate for Line Installed 10/1/2005-101112007
Previous Year New Incremental Growth totalina 17,500 Lines or more $5.$35,(
Previous Year New Incremental Growth totalina 12,500-17,499 LinesTGt. 12,500 rate)$6.$35,(
Previous Year New Incremental Growth totalinQ7,500-12,499 LinesCGt. 7,500 rate)$7.$35J
Previous Year New Incremental Growth totalinQless that 7,500 Lines $8.00 $35.
209.OSS. per Line, Der Month $0.
209.Reclassification Charae 1GB
209.4.4 SDlitter Shelf Charae $4.$547.
209.SDlitter TIE Cable Connections
Splitter in the Common Area-Data to 410 Bblock $3.$2,689.
Splitter in the Common Area-Data Direct to CLEC $3.$2,850.
Splitter on the IDF - Data to 410 Block $0.$834.
Splitter on the IDF - Data Direct to CLEC $1.$1,623.
Splitter on the MDF-Data to 410 Block $0.$861.
Splitter on the MDF - Data Direct to CLEC $2.$1,922.
209.Engineering 079.
209.Conversion Charae ICE
1. Beginning in October 2, 2004 the RC will be adjusted based on annual volumes from the previous year.
To determine the annual additional net volume of Line Shared services, Owest will subtract the total
number of Line Shared services in service as of September 30, of the immediate previous year from the
total number of Line Shared services in service as of Sectember 30, of the current vear.
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