20020523Amendment.pdf

Mary S. Hobson (ISB#: 2142)
Stoel Rives LLP
101 S. Capitol Blvd., Suite 1900
Boise, ID 83702
Tele: [phone]
Fax: [phone]
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Bob Edgerly
N extel West Corp.
2001 Edmund Halley Drive
Reston, Virginia 20191
Tele: [phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORA TION AND NEXTEL WEST
CORP. FOR APPROVAL OF THE
AMENDMENT TO ADD THE PROVISIONS
FOR INTERNET SERVICE PROVIDER (ISP) )
TO THE TYPE 2 WIRELESS
INTERCONNECTION AGREEMENT FOR
THE STATE OF IDAHO PURSUANT TO 47
U .C. ~252(e)
CASE No. USW - T -99-
Qwest Corporation ("Qwest") and Nextel West Corp. ("Nextel") hereby jointly file this
Application for Approval to add the provisions for Internet Service Provider ("ISP") Bound
Traffic Amendment to the Type 2 Wireless Interconnection Agreement dated April 7 , 1999
(the " Agreement") for the State of Idaho. copy of this ISP Amendment, signed July 26
2001 , is submitted herewith.
The ISP Amendment was reached through voluntary negotiations without resort to
mediation or arbitration and is submitted for approval pursuant to Section 252( e) of the
Application for Approval of the ISP Amendment to the Interconnection Agreement for the State of Idaho between
Qwest and Nextel West -
Boise-140558.1 0029164-00016
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
(or amendments) reached through voluntary negotiations only if the Commission finds that: the
amendment( s) (or portion( s) thereof) discriminates against a telecommunications carrier not
party to this agreement; or the implementation of such an amendment(s) or portion is not
consistent with the public interest, convenience and necessity.
N extel and Qwest respectfully submit that the ISP Amendment provides no basis for
either of these findings and, therefore , jointly request that the Commission approve it
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 Nextel to interconnect with Qwest facilities and to provide customers with increased
choices among local telecommunications services.
N extel and Qwest further request that the Commission approve the ISP Amendment
without a hearing. Because it 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.
Application for Approval of the ISP Amendment to the Interconnection Agreement for the State of Idaho between
Qwest and Nextel West - 2
Boise-140558.10029164-00016
Respectfully submitted this
p..
ay of May, 2002.
Qwest Corporation
~~~i-Ih-. H son
Stoel Rives
and
Bob Edgerly
Nextel West Corp.
Application for Approval of the ISP Amendment to the Interconnection Agreement for the State of Idaho between
Qwest and Nextel West - 3
Boise-140558.10029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this day of May, 2002, I served the foregoing JOINT
APPLICA TION OF QWEST CORPORATION AND NEXTEL WEST FOR APPROVAL OF
THE AMENDMENT TO ADD THE PROVISION FOR INTERNET SERVICE PROVIDER
(ISP) TO THE INTERCONNECTION AGREEMENT FOR THE STATE OF IDAHO
PURSU ANT TO 47 U. S. C. ~252( e) upon all parties of record in this matter by mailing a copy
thereof properly addressed , with postage prepaid as follows:
Ms. Jean Jewell , Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
Bob Edgerly
N extel West Corp.
2001 Edmund Halley Drive
Reston, Virginia 20191
John Love
Contract Development and Services
Qwest Communications International Inc.
7800 E. Orchard Road , Suite 250
Englewood, CO 80111
&zal- J
Stoel Rives LLP
Application for Approval of the ISP Amendment to the Interconnection Agreement for the State of Idaho between
Qwest and Nextel West - 4
Boise-140558.10029164-00016
Internet Service Provider ("ISP"Bound Traffic Amendment
to the Interconnection Agreement between
Qwest Corporation and
Nextel West Corp.
for the State of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest
Corporation ("Qwest"), formerly known as U S WEST Communications, Inc., a Colorado
corporation, and Nextel West Corp., a Delaware corporation with its principal offices located at
2001 Edmund Halley Dr., Reston , VA 20191 ("CLEC"
).
CLEC and Qwest shall be known jointly
as the "Parties
RECITALS
WHEREAS, CLEC and Qwest entered into an Interconnection Agreement ("Agreement") which
was approved by the appropriate state Commission ("Commission ); and
WHEREAS, The FCC issued an Order on Remand and Report and Order in CC Docket 99-
(Intercarrier Compensation for ISP-Bound Traffic); and
WHEREAS , the Parties wish to amend the Agreement to reflect the aforementioned Order
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 to the language as follows in lieu of existing
contract language:
1. Definitions
For purposes of this Amendment the following definitions apply:
1 "Bill and Keep" is as defined in the FCC's Order on Remand and Report and Order in
CC Docket 99-68 (Intercarrier Compensation for ISP-Bound Traffic). Bill and Keep is an
arrangement where neither of two (2) interconnecting networks charges the other for terminating
traffic that originates on the other network. Instead , each network recovers from its own end
users the cost of both originating traffic that it delivers to the other network and terminating
traffic that it receives from the other network. Bill and Keep does not , however, preclude
intercarrier charges for transport of traffic between carriers' networks.
2 "Information Service" is as defined in the Telecommunications Act of 1996 and FCC
Order on Remand and Report and Order in CC Docket 99-68 and includes ISP-bound traffic.
ISPAmd - Wireline Interconnection
3 "Information Services Access" means the offering of access to Information Services
Providers.
Exchange Service (EAS/Local) Traffic
Pursuant to the election in Section 5 of this Amendment, the Parties agree to exchange all
EAS/Local (9251 (b)(5)) traffic at the FCC ordered rate, pursuant to the FCC's Order on Remand
and Report and Order in CC Docket 99-, (Intercarrier Compensation for ISP-Bound Traffic) or
the state ordered reciprocal compensation rate. When the FCC ordered rate for ISP-bound
traffic is applied to EAS/Local traffic, the FCC Ordered ISP rate is used in lieu of End Office call
termination and Tandem Switched Transport rate elements.
ISP-Bound Traffic
Qwest elects to exchange ISP-bound traffic at the FCC ordered rates pursuant to the
FCC's Order on Remand and Report and Order (Intercarrier Compensation for ISP-Bound
Traffic) CC Docket 99-68 (FCC ISP Order), effective June 14, 2001 , and usage based
intercarrier compensation will be applied as follows:
Compensation for Interconnection configurations exchanging traffic pursuant to
Interconnection agreements as of adoption of the FCC ISP Order, April 18, 2001 :
Identification of ISP-Bound traffic -- Qwest will presume traffic delivered to CLEC
that exceeds a 3: 1 ratio of terminating (Qwest to CLEC) to originating (CLEC to Qwest)
traffic is ISP-bound traffic. Either Party may rebut this presumption by demonstrating the
factual ratio to the state Commission. Traffic exchanged that is not ISP bound traffic will
be considered to be section 251 (b)(5) traffic. The provisions in this amendment apply
regardless of how the ISP bound traffic is determined.
Growth Ceilings for ISP-Bound Traffic -- Intercarrier compensation for ISP-bound
traffic originated by Qwest end users and terminated by CLEC will be subject to growth
ceilings. ISP-bound MOUs exceeding the growth ceiling will be subject to Bill and Keep
compensation.
For the year 2001 , CLEC may receive compensation , pursuant to
a particular Interconnection Agreement for ISP bound minutes up
to a ceiling equal to, on annualized basis, the number of ISP
bound minutes for which CLEC was entitled to compensation
under that Agreement during the first quarter of 2001 , plus a ten
percent (100/0) growth factor.
For 2002 CLEC may receive compensation, pursuant to a
particular Interconnection Agreement, for ISP bound minutes up to
ceiling equal to the minutes for which it was entitled to
compensation under that Agreement in 2001 , plus another ten
percent (100/0) growth factor.
In 2003, CLEC may receive compensation, pursuant to a
particular Interconnection Agreement, for ISP bound minutes up to
ISPAmd - Wireline Interconnection
Further Amendments
Except as modified herein, the provisions of the Agreement shall remain in full force and effect.
Neither the Agreement nor this Amendment may be further amended or altered except by
written instrument executed by an authorized representative of both Parties. This Amendment
shall constitute the entire Agreement between the Parties, and supercedes all previous
Agreements and Amendments entered into between the Parties with respect to the subject
matter 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.
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Signature
Nancy Carlsen
Name Printed/Typed
L. T. Christensen
Name Printed/Typed
Director. Telco Manaaement
Title
Director - Business Policy
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Date Date ~I O~
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ISPAmd - Wireline Interconnection