20050118Amendment.pdf

Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
HECEIVED illFILED
Z~U5JAN II Pt1 l4:f.t1
if') tiO f)UBL.
UTILITiES COrtH1SSION
Karen Frame
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 AND DIECA
COMMUNICATIONS INC. dba COY
COMMUNICATIONS COMPANY FOR
APPROVAL OF A WIRELINE
INTERCONNECTION AGREEMENT
PURSUANT TO 47 V.C. 252 E
CASE NO.: USW-99-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest"and DIECA Communications Inc. dba 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-180492.1 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 18th day of January, 2005.
Mary S. bson
Stoel Ri es LLP, Attorneys for Qwest
and
Karen Frame
Covad Communications Company
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2
Boise-180492.1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 18th day of January, 2005, 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
O. Box 83720
Boise, Idaho 83720-0074
1j ewellCfYpuc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Karen Frame
Covad Communications Company
7901 Lowry Boulevard
Denver, CO 80230
Telephone: [phone]
kframe~covad. com
bz/014t /otL~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-180492.10029164-00016
Enhanced Extended Loop (EEL) 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 Owest
Corporation (fIkIa U S WEST Communications, Inc.) ("Owest"), 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-99-3, 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 the terms, conditions, and rates for Enhanced
Extended Loop (EEL), as set forth in Attachment 1 and Exhibits A and 8 , 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. Additionally, Owest 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.
December 17, 2004/pjd/Covad/EEL/I D
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
O\mes A. K/r-Jdt1Y1ti
Name PrintedlTyped
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Qwest Corporation
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Signature
----
L. T. Christensen
Name PrintedlTyped
Director - Interconnection Aqreements
Title
///~~
Date
December 17, 2004/pjd/Covad/EEUID
Amendment to CDS-981229-0118
ATTACHMENT 1
ATTACHMENT
Enhanced Extended Loop (EEL)
Terms and Conditions
When ordered as combinations of UNEs, Network Elements that are currently combined
and ordered together will not be physically disconnected or separated in any fashion except for
technical reasons or if requested by CLEC. Network Elements to be provisioned together shall
be identified and ordered by CLEC as such. When CLEC orders in combination UNEs that are
currently interconnected and functional , such UNEs shall remain interconnected or combined as
a working service without any disconnection or disruption of functionality.
Enhanced Extended Loop (EEL) -- EEL is a Qwest-provided combination of Loop and
dedicated interoffice transport. EEL transport and Loop facilities may utilize DSO bandwidth.
The terms and conditions of the Unbundled Dedicated Interoffice Transport (UDIT) Section 9.
of the Agreement shall apply to the UDIT portion of the EEL. The terms and conditions of the
Unbundled Loops Section 9.2 of the Agreement shall apply to the Loop portion of the EEL. EEL
is offered as a conversion from Private Line/Special Access or as new installation.
CLEC may request the conversion of an existing DSO Private Line/Special
Access Service to an EEL. Retail and/or resale Private Line circuits may be converted
to EEL if the conversion is Technically Feasible. Qwest will provide CLEC with
conversions to EEL according to the standard intervals set forth in Exhibit B.
EEL is a combination of Loop and dedicated interoffice transport used for the
purpose of connecting an End User Customer to CLEC's Collocation. EEL can also be
ordered as a new installation of circuits for the purpose of CLEC providing services to
End User Customers.
EEL combinations consist of DSO Loops and interoffice
transport of the same bandwidth (Point-to-Point EEL).
Installation intervals are set forth in Exhibit B and in the
Service Interval Guide (SIG) on the following web-site address:
http://www.qwest.com/carrier/guides/siglindex.htmi.
Ordering
CLEC will submit EEL orders using the LSR process.
Qwest will install the appropriate channel card based on the DSO EEL Loop LSR
order and apply the charges.
One (1) LSR is required when CLEC orders Point-to-Point EEL.
1.4 Rate Elements
1.4.EEL Loop. The EEL Loop is the Loop connection between the End User
Customer premises and the Serving Wire Center. EEL Loop is available in DSO
bandwidth. Recurring and nonrecurring charges apply.
December 17, 2004/pjd/Covad/EELIID
Amendment to CDS-981229-0 118
ATTACHMENT 1
1.4.EEL Transport. EEL Transport consists of the dedicated interoffice facilities
between Qwest Wire Centers. EEL Transport is available in DSO bandwidth. Recurring
charges apply.
1.4.DSO Low Side Channelization and DSO MUX Low Side Channelization. EEL
DSO Channel Cards are required for each DSO EEL Loop or DSO Unbundled Loop
connected to a 1/0 Multiplexer. Channel Cards are available for Analog Loop Start
Ground Start, Reverse Battery, and No Signaling.
If CLEC is obtaining services from Qwest under an arrangement or agreement that
includes the application of termination liability assessment (TLA) or minimum period charges
and if CLEC wishes to convert such services to UNEs or a UNE Combination , the conversion of
such services will not be delayed due to the applicability of TLA or minimum period charges.
The applicability of such charges is governed by the terms of the original agreement, Tariff or
arrangement.
For installation of new UNE Combinations, CLEC will not be assessed UNE rates for
UNEs ordered in combination until access to all UNEs that make up such combination have
been provisioned to CLEC as a combination , unless a UNE is not available until a later time and
CLEC elects to have Qwest provision the other elements before all elements are available.
In the event Qwest terminates the Provisioning of any UNE Combination service to
CLEC for any reason , CLEC shall be responsible for providing any and all necessary notice to
its End User Customers of the termination. In no case shall Owest be responsible for providing
such notice to CLEC's End User Customers. Owest shall only be required to notify CLEC of
Owest'termination of the UNE Combination service on timely basis consistent with
Commission rules and notice requirements.
8 CLEC, or CLEC's agent, shall act as the single point of contact for its End User
Customers' service needs , including without limitation, sales, service design , order taking,
Provisioning, change orders, training, maintenance, trouble reports, repair, post-sale servicing,
Billing, collection and inquiry. CLEC shall inform its End User Customers that they are End
User Customers of CLEC. CLEC's End User Customers contacting Qwest will be instructed to
contact CLEC, and Qwest's End User Customers contacting CLEC will be instructed to contact
Qwest. In responding to calls , neither Party shall make disparaging remarks about each other.
To the extent the correct provider can be determined, misdirected calls received by either Party
will be referred to the proper provider of Local Exchange Service; however, nothing in this
Amendment shall be deemed to prohibit Qwest or CLEC from discussing its products and
services with CLEC's or Qwest's End User Customers who call the other Party.
Rates and Charges
The rates and charges for the individual Unbundled Network Elements that comprise
UNE Combinations are contained in Exhibit A for both recurring and nonrecurring application.
Recurring monthly charges for each Unbundled Network Element that comprise
the UNE Combination shall apply when a UNE Combination is ordered. Rates are
contained in Exhibit A.
Nonrecurring charges , if any, will apply based upon the cost to Qwest of
Provisioning the UNE Combination and providing access to the UNE Combination and
will be compliant with Existing Rules. These nonrecurring charges, if any, are described
in Exhibit A.
December 17, 2004/pjd/Covad/EELIID
Amendment to CDS-981229-0118
ATTACHMENT
If the Commission takes any action to adjust the rates previously ordered , Qwest will
make a compliance filing to incorporate the adjusted rates into Exhibit A. Upon the compliance
filing by Owest, the Parties will abide by the adjusted rates on a going-forward basis, or as
ordered by the Commission.
CLEC shall be responsible for Billing its End User Customers served over UNE
Combinations for all Miscellaneous Charges and surcharges required of CLEC by statute,
regulation or otherwise required.
2.4 If an End User Customer is served by CLEC through a UNE Combination, Qwest will not
charge , assess, or collect Switched Access charges for InterLA T A or IntraLA T A calls originating
or terminating from that End User Customer s phone after conversion to a UNE Combination is
complete.
Qwest shall have a reasonable amount of time to implement system or other changes
necessary to bill CLEC for Commission-ordered rates or charges associated with UNE
Combinations.
Ordering Process
Most UNE Combinations and associated products and services are ordered via an LSR.
Ordering processes are contained in this Amendment and in the PCA T. The following is a high-
level description of the ordering process:
Step 1: Complete product questionnaire with account team representative.
Step 2: Obtain Billing Account Number (BAN) through account team
representative.
Step 3: Allow two (2) to three (3) weeks from Qwest's receipt of a completed
questionnaire for accurate loading of UNE Combination rates to the Qwest Billing
system.
1.4 Step 4: After account team notification, place UNE Combination orders via an
LSR or ASR, as appropriate.
Additional information regarding the ordering processes are located at:
http://www .qwest. com/wholesale/solutions/clecF acility/u ne -- c. html.
Prior to placing an order on behalf of each End User Customer CLEC shall be
responsible for obtaining and have in its possession a Proof of Authorization as set forth in the
Agreement.
Standard service intervals for each UNE Combination are set forth in Exhibit B. For
UNE Combinations with appropriate retail analogues, CLEC and Qwest will use the standard
Provisioning interval for the equivalent retail service. CLEC and Owest can separately agree to
Due Dates other than the standard interval.
3.4 Due Date intervals are established when Qwest receives a complete and accurate Local
Service Request (LSR) or Access Service Request (ASR) made through the IMA, EDI or Exact
interfaces or through facsimile. For EEL and all other UNE Combinations, the date the LSR or
ASR is received is considered the start of the service interval if the order is received on a
business day prior to 3:00 p.m mountain time. For EEL and all other UNE Combinations, the
service interval will begin on the next business day for service requests received on a non-
December 17, 2004/pjd/Covad/EELIID
Amendment to CDS-981229-0118
ATTACHMENT
business day or after 3:00 p.m. mountain time on a business day. Business days exclude
Saturdays, Sundays, New Year s Day, Memorial Day, Independence Day (4th of July), Labor
Day, Thanksgiving Day and Christmas Day.
For UNE Combinations, CLEC shall provide Qwest and Owest shall provide CLEC with
points of contact for order entry, problem resolution , repair, and in the event special attention is
required on service request.
Billing
Owest shall provide CLEC, on a monthly basis, within seven (7) to ten (10) calendar
Days of the last day of the most recent Billing period, in an agreed upon standard electronic
Billing format, Billing information including (1) a summary bill , and (2) individual End User
Customer sub-account information consistent with the samples available for CLEC review.
Maintenance and Repair
Qwest will maintain facilities and equipment that comprise the service provided to CLEC
as a UNE Combination. CLEC or its End User Customers may not rearrange, move, disconnect
or attempt to repair Owest facilities or equipment, other than by connection or disconnection to
any interface between Owest and the End User Customer, without the written consent of Owest.
December 17, 2004/pjd/Covad/EEUID
Amendment to CDS-981229-0118
Exhibit A
Idaho
Notes
0 Unbundled Network Elements (UNEs)
UNE Combinations
23.Enhanced Extended LOOD (EEL)
23.EEL DSO 2-Wire Analoa
23.EEL 2-Wire LOOD Installation
23.First $245.
23.Each Additional $182.
23.Wire Analoa LOOD
23.Zone 1 $15.
23.Zone 2 $23.
23.Zone 3 $40.
23.EEL DSO 4-Wire Analoa
23.EEL 4-Wire LOOD Installation
23.First $245.
23.Each Additional $182.
23.Wire Analoa LOOD
23.Zone 1 $30.
23.Zone 2 $46.
23.Zone 3 $79.47
23.Intentionallv Left Blank
23.7.4 Intentionallv Left Blank
23.Intentionallv Left Blank
23.Private Line to EEL Conversion $34.
23.Intentionally Left Blank
23.EEL TransDort
23.DSO (Recurrina Fixed per Mile)
23.Over 0 to 8 Miles $24.$0.
23.Over 8 to 25 Miles $24.$0.
23:7.8.Over 25 to 50 Miles $24.$0.
23.1.4 Over 50 Miles $24.$0.
23.Intentionallv Left Blank
23.Intentionallv Left Blank
23.DSO Channel Performance
23.11.DSO Low Side Channelization $13.
23.11.DS1/ DSO Low Side Channelization $7.47
23.Concentration CaDabilitv ICB
NOTES:
Unless otherwise indicated, all rates are pursuant to Idaho Public Utilities Commission Dockets:
B Cost Docket QWE-01-11 , Order No. 29408 (January 5, 2004) rates effective January 5 2004.
# Voluntary Rate Reduction, Docket USW-00-, effective 6/10/02. Reductions reflected in the 5/24/02 Exhibit A.
(1) TELRIC rates proposed in Cost Docket testimony filed on November 12, 2003
(3) ICB, Individual Case Basis pricing.
Qwest Idaho SGAT Third Revision Exhibit A 5th Amended April 26, 2004 Page 1 of 1
EXHIBIT B
SERVICE INTERVAL TABLES
Enhanced Extended Loop Service Interval Table (EEL):
Repair
Product Services Ordered Installation Commitments Commitments
Enhanced Extended Loop 1 to 8 Circuits Zone 1: Five (5) business days Four (4) hrs
(EEL)-Zone
DSO or Voice Grade Zone 2: Six (6) business days
Equivalent Four (4) hrs
- New or conversion as Zone 2
specified 9 to 16 Circuits Zone 1: Six (6) business days Four (4) hrs
Zone
Zone 2: Seven (7) business
days Four (4) hrs
Zone 2
17 to 24 Circuits Zone 1: Seven (7) business Four (4) hrs
days Zone
Zone 2: Eight (8) business Four (4) hrs
days Zone 2
25 or more Circuits ICB Four (4) hrs
Enhanced Extended Loop 1 to 24Circuits ICB Four (4) hrs
(EEL) Conversions (EEL-C) -
Private Line (PL TS) to EEL or
LMC 25 or more Circuits ICB Four (4) hrs
- Conversion as is
Installation Guidelines apply where facilities/network capacity are in place. Where
facilities/network capacity are not in place, intervals are handled on an Individual Case Basis
(ICB).
Qwest Idaho October 4 , 2004 Page