20040916Amendment.pdf

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Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ID 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~~stoel.coll1
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Karen Frame, Senior Counsel
Covad Communications Company
7901 Lowry Boulevard
Denver, CO 80230
Telephone: [phone]
kfrall1e~covad. com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION tka U S WEST
COMMUNICATIONS, INC. AND COY AD
COMMUNICATIONS COMPANY FOR
APPROVAL OF AN INTERCONNECTION
, , .; AGREEMENT PURSUANT TO 47 V., 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
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-176024.1 0029164-00016
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 15th day of September, 2004.
Qwes
and
Karen Frame, Senior Counsel
Covad Communications Company
APPLICA TION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2
Boise-176024.1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of September, 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
11 ewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Karen Frame, Senior Counsel
Covad Communications Company
7901 Lowry Boulevard
Denver, CO 80230
Telephone: [phone]
kfranle~covad. COIn
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
~A?~
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICA TION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Boise-176024.10029164-00016
Expedites for Design Services 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 (fIkia U S 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- T -99-3, 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 Expedites for
Design Services, as set forth in Attachment 1 and Exhibit A, 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.
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 processi ng may begin once
these requirements have been met. Additionally, Qwest shall implement any necessary billing
changes within two (2) billing cycles after the latest execution date of this Amendment, with a
true-up back to the latest execution date of this Amendment by the end of the second billing
cycle. The Parties agree that so long as Qwest implements the billing changes and the true-up
as set forth above, the CLEC's bills shall be deemed accurate and adjusted without error.
August 19, 2004/msd/Covad/Expedites Design SvcsllD
Amendment to CDS-981229-0118
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
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,
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
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Name PrintedlTyped
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Lb.eJ\fJ rei I C'QUt\'P
Title
Signature
L. T. Christensen
Name PrintedlTyped
Date
Director - Interconnection Aareements
Title
1t3 kt(
Date
August 19, 2004/msd/Covad/Expedites Design Svcs/ID
Amendment to CDS-981229-0118
Attachment
ATTACHMENT
Expedites for Design Services
Description
Expedites are requests for an improved standard interval that is shorter than the
interval defined in Qwest's Service Interval Guide (SIG) or CLEC'Interconnection
Agreement (lCA), Individual Case Basis (ICB) or committed to ICB (Ready for Service
(RFS) + Interval) date.
Terms and Conditions
When Qwest receives an ASR or LSR with the EXP populated and the DDD is
less than the standard interval , Qwest will determine if the request is eligible for an
expedite without a call from you. If the request meets the criteria for the Pre-Approved
Expedite process, Qwest will process the request and return a FOC acknowledging the
expedited due date. The appropriate expedite charge will be added to your service
order.
If the request does not meet the criteria for the Pre-Approved Expedite process,
the ASR or LSR will be processed under the guidelines for Expedites Requiring Approval
as described in the PCAT.
The Pre-Approved expedite process is available in all states except WA for the
products listed in the PCA T. It is not necessary to call Qwest to have the expedite
approved.
Rate Elements
The expedite charge Identified in Exhibit A applies for every day that the due
date interval is shortened, based on the standard interval in the SIG , ICA, or ICB criteria.
Ordering Process
1.4.CLEC will request an expedite on a Local Service Request (LSR) or Access
Service Request (ASR).
1.4.All requests must include an expedited Due Date, and Qwest will return an FOC
acknowledging the expedited Due Date.
August 19, 2004/msd/Covad/Expedites Design SvcsllD
Amendment to CDS-981229-0118
EXHIBIT A - IDAHO
Expedites for
Desi n Services
Per order, per day
event $200.
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August 19, 2004/msd/Covad/Expedites Design Svcs/ID
Amendment to CDS-981229-0118