20040512Amendment.pdf

Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
msho bson~stoel. COlli
Idaho Public Utilities Commission
Office of the SecretaryRECEIVED
MAY 1 1 2004
Boise, Idaho
Mike Dolezal
Fretel Communications, LLC
110 East Main - Suite 200
St. Anthony, ID 83445
Telephone: [phone]
mm urdoch~fairpoin 1. com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND FRETEL
COMMUNICATIONS LLC FOR
APPROVAL OF A WIRE LINE
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~252(E)
CASE NO.: USW-99-
APPLICATION FOR APPROVAL OF
AME ND ME NT TO THE
INTERCO NNECTI ON AGREEMENT
Qwest Corporation ("Qwest") and Fretel Communications, LLC ("Fretel") hereby jointly
file this Application for Approval of Amendment to the Interconnection Agreement
Amendment"), which was approved by the Idaho Public Utilities Commission on September 1
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-171O32.10029164-00016
Fretel 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
Fretel to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Fretel 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 11
th day of May, 2004.
Qwest Corporation
.LUtf4/ silo
Mary S.~bson
Stoel Rives LLP, Attorneys for Qwest
and
Mike Dolezal
Fretel Communications, LLC
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2
Boise-171032.10029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 11 th 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
O. Box 83720
Boise, Idaho 83720-0074
11 ewell~puc.state.id. us
Hand Delivery
U. S. Mail
. Overnight Delivery
Facsimile
Email
Mike Dolezal
Fretel Communications, LLC
110 East Main - Suite 200
St. Anthony, ill 83445
Telephone: [phone]
mn1 urdoch~fairpo int. com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
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-171O32.10029164-00016
Local Number Portability (LNP) Amendment
to the Interconnection Agreement between
Qwest Corporation and
Fretel Communications, LLC
for the State of Idaho
This is an Amendment ("Amendment") for Local Number Portability (LNP) to the Interconnection
Agreement between Qwest Corporation ("Qwest"), and Fretel Communications, LLC ("CLEC"
CLEC and Qwest shall be known jointly as the "Parties
RECITALS
WHEREAS, CLEC and Qwest entered into an Interconnection Agreement ("Agreemenf') for
service in the state of Idaho which was approved by the Idaho Public Utilities Commission
Commission ) August 27, 1999; 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, conditions and rates for Local Number
Portability as set forth in Attachment 1 and Exhibit A, to this Amendment, attached hereto and
incorporated herein by this reference.
Rates in Exhibit A that are "Under Development" shall be updated upon establishment of a rate.
Rates in Exhibit A shall otherwise 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 approval by the Commission; 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.
1 O.O4/mm/LNP Amd/Fretel Comm. LLC/ID
Amendment to CDS-990518-0068
Qwest Idaho SGAT - Third Revision, May 24, 2002 (July 25, 2002 Errata)
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.
Chan,ge of L~w
A. The provisions in this Amendment are intended to be in compliance with and based on
the existing state of the law, rules, regulations and interpretations thereof, including but not
limited to state rules, regulations, and laws, as of April 1, 2003 (the Existing Rules). Nothing
in this Amendment shall be deemed an admission by Qwest or CLEC concerning the
interpretation or effect of the Existing Rules or an admission by Qwest or CLEC that the
Existing Rules 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 interpretation or effect of the Existing Rules or concerning
whether the Existing Rules should be changed, vacated, dismissed , stayed or modified. To
the extent that the Existing Rules are vacated, dismissed, stayed or materially changed or
modified, then this Amendment shall be amended to reflect such legally binding modification
or change of the Existing Rules. Where the Parties fail to agree upon such an amendment
within sixty (60) Days after notification from a Party seeking amendment due to
modification or change of the Existing Rules or if any time during such sixty (60) Day period
the Parties shall have ceased to negotiate such new terms for a continuous period of fifteen
(15) Days, it shall be resolved in accordance with the Dispute Resolution provision of the
Agreement. It is expressly understood that this Amendment will be corrected, or if
requested by CLEC, amended as set forth herein, to reflect the outcome of generic
proceedings by the Commission for pricing, service standards, or other matters covered by
this Amendment. Any amendment shall be deemed effective on the effective date of the
legally binding change or modification of the Existing Rules for rates, and to the extent
practicable for other terms and conditions, unless otherwise ordered. During the pendancy
of any negotiation for an amendment pursuant to this Section the Parties shall continue to
perform their obligations in accordance with the terms and conditions of this Amendment, for
up to sixty (60) Days. If the Parties fail to agree on an amendment during the sixty (60) Day
negotiation period, the Parties agree that the first matter to be resolved during Dispute
Resolution will be the implementation of an interim operating agreement between the
Parties regarding the disputed issues, to be effective during the pendancy of Dispute
Resolution. The Parties agree that the interim operating agreement shall be determined and
implemented within the first fifteen (15) Days of Dispute Resolution and the Parties will
continue to perform their obligations in accordance with the terms and conditions of this
Amendment, until the interim operating agreement is implemented. For purposes of this
section
, "
legally binding" means that the legal ruling has not been stayed, no request for a
stay is pending, and any deadline for requesting a stay designated by statute or regulation
has passed.
B. In addition , but without limiting Section A above , nothing in this Amendment shall be
deemed an admission by Qwest or CLEC concerning the interpretation or effect of the
1 O.O4/mm/LNP Amd/Fretel Comm. LLC/ID
Amendment to CDS-990518-0068
Qwest Idaho SGAT - Third Revision, May 24, 2002 (July 25,2002 Errata)
FCC's decision and rules adopted in In the Matter of Review of the Section 251 Unbundling
Obligations of Incumbent Local Exchange Carriers; Implementation of the Local Competition
Provisions of the Telecommunications Act of 1996; Deployment of Wireline Services
Offering Advanced Telecommunications Capability, CC Docket Nos. 01-338,96-98 and 98-
147, Report and Order on Remand, FCC 03-36, nor rules, regulations and interpretations
thereof, including but not limited to state rules, regulations, and laws as they may be issued
or promulgated regarding the same ("Decision(st). Nothing in this Amendment shall
preclude or estop Qwest or CLEC from taking any position in any forum concerning the
proper interpretation or effect of the Decision or concerning whether the Decision should be
changed, vacated, dismissed, stayed or modified.
gmire Agreemen\
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.
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1 O.O4/mm/LNP Amd/Fretel Comm. LLC/ID
Amendment to CDS-990518-0068
Qwest Idaho SGAT - Third Revision, May 24 2002 (July 25, 2002 Errata)
ATTACHMENT
10.Local Number Portability
10.1 Description
10.Local Number Portability (LNP) is defined by the FCC as the
ability of users of Telecommunications Services to retain, at the same location
existing telecommunications numbers without impairment of quality, reliability, or
convenience when switching from one Telecommunications Carrier to another.
10.Qwest uses the Location Routing Number (LRN) architecture.
Under the LRN architecture, each Switch is assigned a unique ten-digit LRN, the
first six digits of which identify the location of that Switch. The LRN technology is
a triggering and addressing method which allows the re-homing of individual
telephone numbers to other Switches and ensures the proper routing of calls to
ported telephone numbers through the use of a database and the signaling
network. The LRN solution interrupts call processing through the use of an
Advanced Intelligent Network (AIN) trigger, commonly referred to as the LRN
trigger. During this interruption, a query is launched to the LNP database in the
signaling network and the call is re-addressed using the LRN information for the
ported telephone number. The LRN will route the call to the proper Switch
destination. The actual routing of the call with either the dialed number, for calls
to non-ported numbers, or the LRN , for calls to ported numbers, observes the
rules, protocols and requirements of the existing Public Office Dialing Plan
(PODP).
10.2 Terms and Conditions
10.Qwest will provide Local Number Portability (LNP), also known as
long-term number portability, in a non-discriminatory manner in compliance with
the FCC's rules and regulations and the guidelines of the FCC's North American
Numbering Council's (NANC) Local Number Portability Administration (LNPA)
Working Group and the Industry Numbering Committee (INC) of the Alliance for
Telecommunications Industry Solutions (ATIS). Unless specifically excluded
the Agreement, all telephone numbers assigned to an End User Customer are
available to be ported through LNP. Mass calling events shall be handled in
accordance with the industry s non-LRN recommendation (NANC's High Volume
Call-In Networks dated February 18, 1998.
10.Each Party shall use reasonable efforts to facilitate the
expeditious deployment of LNP. The Parties shall comply with the processes
and implementation schedules for LNP deployment prescribed by the FCC.
accordance with industry guidelines , the publications of LNP capable Switches
and the schedule and status for future deployment will be identified in the Local
Exchange Routing Guide (LERG).
10.In connection with the provision of LNP, the Parties agree to
support and comply with all relevant requirements or guidelines that are adopted
by the FCC, or that are agreed to by the telecommunications industry as a
national industry standard.
1 O.O4/mm/LNP Amd/Fretel Comm. LLC/ID
Amendment to CDS-990518-0068
Qwest Idaho SGA T - Third Revision, May 24, 2002 (July 25, 2002 Errata)
ATTACHMENT
10.2.4 Qwest will coordinate LNP with Unbundled Loop cutovers in a
reasonable amount of time and with minimum service disruption, pursuant to
Unbundled Loop provisions identified in the Agreement. CLEC will coordinate
with Qwest for the return of the Qwest Unbundled Loop coincident with the
transfer of the Customer s service to Qwest in a reasonable amount of time and
with minimum service disruption. For coordination with Loops not associated
with Qwest's Unbundled Loop offering, CLEC may order the LNP Managed Cut,
as described in the Agreement.
10.Parties understand that LNP order activity must be
coordinated with facilities cutovers in order to ensure that the End User
is provided with uninterrupted service. If the Party porting the telephone
number experiences problems with its port or provision of its Loop, and
needs to delay or cancel the port and any Loop disconnection, that
Party shall notify the other Party immediately. Parties will work
cooperatively and take prompt action to delay or cancel the port and
any Loop disconnection in accordance with industry (LNPA's National
Number Porting Operations Team), accepted procedures to minimize
End User Customer service disruptions.
10.Parties shall transmit a port create subscription or port
concurrence message to the NPAC, in accordance with the FCC'
LNPA Working Group s guidelines. Qwest will routinely send a
concurrence message within the time frames established by the
industry.
10.The Parties agree to implement LNP within the guidelines set forth
by the generic technical requirements for LNP as specified in the Agreement.
10.Neither Party shall be required to provide number portability for
numbers that are excluded by FCC rulings (e.g. 500 and 900 NPAs, 950 and 976
NXX number services).
10.After an end-office becomes equipped with LNP, all NXXs
assigned to that end office will be defined as portable, to the extent Technically
Feasible, and translations will be changed in each Party's Switches so that the
portable NXXs are available for LNP database queries. When an NXX is defined
as portable, it will also be defined as portable in all LNP-capable Switches that
have direct trunks to the end office associated with the portable NXX.
10.Each Party shall offer number portability to customers for any
portion of an existing DID block without being required to port the entire block of
DID numbers. Each Party shall permit customers who port a portion of DID
numbers to retain DID service on the remaining portion of the DID numbers.
10.At the time of porting a number via LNP from Qwest, Qwest shall
ensure that the LlDB entry for that number is de-provisioned if the Qwest LlDB is
not being used by CLEC.
10.04/mm/LNP Amd/Fretel Comm. LLC/ID
Amendment to CDS-990518-0068
Qwest Idaho SGAT - Third Revision, May 24, 2002 (July 25, 2002 Errata)
ATTACHMENT
10.10 Both Parties agree to follow the LNP Switch request process
established by the Parties and in compliance with industry guidelines.
10.11 NXX Migration , or Local Exchange Routing Guide Reassignment,
reassigns the entire Central Office Code (NXX) to the CLEC Switch if the code is
used solely for one End User. Where one Party has activated an entire NXX for
a single End User, or activated a substantial portion of an NXX for a single End
User with the remaining numbers in the NXX either reserved for future use or
otherwise unused, if such End User chooses to receive service from the other
Party, the first Party shall cooperate with the second Party to have the entire
NXX reassigned to an End Office operated by the second Party through the
NANP administrator. In addition, both Parties agree to cooperate in arranging
necessary updates and industry notification in the LERG (and associated
industry databases, routing tables, etc.
).
Such transfer will be accomplished with
appropriate coordination between the Parties and subject to appropriate industry
lead-times (as identified in the LERG and the Central Office Code Administration
guidelines) for movement of NXXs from one Switch to another. Other
applications of NXX migration will be discussed by the Parties as circumstances
arise.
10.12 In connection with all LNP requests, the Parties agree to comply
with the National Emergency Number Association (NENA) recommended
standards for service provider Local Number Portability (NENA-02-011), as may
be updated from time to time, regarding unlocking and updating End Users
telephone number records in the 911/Automatic Location Information (All)
database. The current provider shall send the 911 unlock record on the
completion date of the order to the 911 database administrator.
10.13 Porting of Reserved Numbers. The customers of each Party may
port reserved numbers from one Party to the other Party via LNP. Qwest will port
numbers previously reserved by the Customer via the appropriate retail tariffs
until these reservations expire. Qwest will no longer reserve numbers for End
User customers.
10.14 Limits on Subscriber Relocation. Qwest and CLEC agree that a
Customer may geographically relocate at the same time as it ports its telephone
number, using LNP, to the new service provider; provided, however, that the
current service provider may require that the Customer s relocation at the time of
the port to the new service provider be limited to the geographic area
represented by the NXX of the ported telephone number. The current service
provider may not impose a relocation limitation on the new service provider or the
new service provider s subscribers that is more restrictive than that which the
current service provider would impose upon its own subscribers with telephone
numbers having the same NXX as the telephone number(s) being ported.
addition, the current service provider may not impose any restrictions on
relocation within the same Rate Center by a ported End User while that End User
is served by the new service provider.
1 O.O4/mm/LNP Amd/Fretel Comm. LLC/ID
Amendment to CDS-990518-0068
Qwest Idaho SGA T - Third Revision, May 24, 2002 (July 25, 2002 Errata)
ATTACHMENT
10.3 Service Management System
10.Each Party shall sign the appropriate NPAC user agreement(s)
and obtain certification from the appropriate NPAC administrator(s) that the Party
or the Party's Service Order Administration (SOA) and Local Service
Management System (LSMS) vendor(s) has systems and equipment that are
compatible with the NPAC's established protocols and that the application of
such systems and equipment is compatible with the NPAC.
10.Each Party shall cooperate to facilitate the administration of the
SMS through the process prescribed in the documents referenced in the
Agreement.
10.4 Database and Query Services
10.Qwest shall perform default LNP queries where CLEC is unable to
perform its own query. CLEC shall perform default LNP queries where Qwest is
unable to perform its own query. Qwest query services and charges are defined
in FCC Tariff #1, including End Office and Tandem Default Query Charges which
are contained in Tariff Section 13 (Miscellaneous Service) and Database Query
Charges which are contained in Tariff Section 20 (CCSAC Service Applications).
10.For local calls to a NXX in which at least one number has been
ported via LNP at the request of CLEC, the Party that owns the originating Switch
shall query an LNP database as soon as the call reaches the first LNP capable
Switch in the call path. The Party that owns the originating Switch shall query on
a local call to a NXX in which at least one number has been ported via LNP prior
to any attempts to route the call to any other Switch. Prior to the first number in a
NXX being ported via LNP at the request of CLEC, Qwest may query all calls
directed to the NXX, subject to the billing provisions as discussed in the
Agreement and provided that Qwest queries shall not adversely affect the quality
of service to CLEC's customers or End Users as compared to the service Qwest
provides its own customers and End Users.
10.A Party shall be charged for a LNP query by the other Party only if
the Party to be charged is the N-1 carrier and it was obligated to perform the LNP
query but failed to do so. Parties are not obligated to perform the LNP query
prior to the first port requested in a NXX.
10.On calls originating from a Party s network, the Party will populate
if Technically Feasible, the Jurisdiction Information Parameter (JIP) with the first
six digits of the originating LRN in the SS7 Initial Address Message.
10.Each Party shall cooperate in the process of porting numbers from
one carrier to another so as to limit service outage for the ported subscriber.
Qwest shall update its LNP database from the NPAC SMS data within fifteen (15)
minutes of receipt of a download from the NPAC SMS.
1 O.O4/mm/LNP Amd/Fretel Comm. LLC/ID
Amendment to CDS-990518-0068
Qwest Idaho SGAT - Third Revision, May 24 2002 (July 25,2002 Errata)
ATTACHMENT
10.5 Ordering
10.Both Parties shall comply with ordering standards as developed
by the industry and as described in the Agreement. LNP service is ordered via a
Local Service Request and associated Number Portability forms. CLEC may
order long term number portability either manually or through an electronic
interface. The electronic gateway solution for ordering service is described in the
Agreement.
10.Standard Due Date Intervals. Service intervals for LNP are
described below. These intervals include the time for Firm Order Confirmation
(FOC). Orders received after 7:00 p.m. (mountain time) are considered the next
business day. The following service intervals have been established for local
number portability:
Telephone Numbers
To Port Interval*
Simple (1 FR/1 FB)3 business days
(includes FOC
24 hr interval)
4 business days
(includes FOC
24 hr interval)
51 or more Project Basis
Complex (PBX
Trunks, ISDN,
Centrex)
5 business days
(includes FOC
24 hr interval)
26 or more Project Basis
Intervals for LNP with Unbundled Loops shall be governed by the SGAT.
10.Most LNP order activity is flow-through, meaning that the ten (10)
digit unconditional trigger, or line side attribute (LSA) trigger, can be set
automatically. CLEC may request any Due Date/Frame Due Time (DD/FDT)
where the trigger can be set automatically, although there may be some
instances when Qwest or the Number Portability Administration Center/Service
Management System (NPAC/SMS) will provide prior electronic notice of specific
blocks of time which cannot be used as a DD/FDT due to scheduled
maintenance or other circumstances. If the DD/FDT on a flow-though cut is
outside Qwest's normal business hours for LNP, Qwest will have personnel
available in the Repair Center to assist in the event that CLEC experiences
problems during the cut. In addition, Qwest allows CLEC to request a Managed
Cut on a 24 X 7 basis in those situations where a cut would otherwise have been
1 O.O4/mm/LNP Amd/Fretel Comm. LLC/ID
Amendment to CDS-990518-0068
Qwest Idaho SGAT - Third Revision, May 24, 2002 (July 25, 2002 Errata)
ATTACHMENT
flow-through, but where CLEC has a business need to have Qwest personnel
dedicated to the cut. The terms and conditions for Managed Cuts are described
in 10.
10.Qwest will set the ten (10) digit unconditional trigger for
numbers to be ported, unless technically infeasible, by 11 :59 p.m. (local
time) on the business day preceding the scheduled port date. (A 10-
digit unconditional trigger cannot be set for DID services in 1AESS,
AXE10, and DMS10 Switches thus managed cuts are required, at no
charge.) The ten (10) digit unconditional trigger and Switch translations
associated with the End User Customer s telephone number will not be
removed, nor will Qwest disconnect the Customer s billing and account
information, until 11 :59 p.m. (local time) of the next business day after
the Due Date. CLEC is required to make timely notifications of Due
Date changes or cancellations by 8:00 p.m. mountain time on the Due
Date through a supplemental LSR order. In the event CLEC does not
make a timely notification, CLEC may submit a late notification to Qwest
as soon as possible but in no event later than 12:00 p.m. mountain time
the next business day after the Due Date to Qwest's Interconnect
Service Center in the manner set forth below. For a late notification
properly submitted, Qwest agrees to use its best efforts to ensure that
the End User s service is not disconnected prior to 11 :59 p.m. of the
next business day following the new Due Date or, in the case of a
cancellation, no disruption of the End User s existing service. Late
notifications must be made by calling Qwest's Interconnect Service
Center followed by CLEC submitting a confirming supplemental LSR
order.
10.LNP Managed Cut with CLEC-provided Loop: A Managed Cut
permits CLEC to select a project managed cut for LNP. Managed Cuts are
offered on a 24 X 7 basis.
10.The date and time for the managed cut requires up-front
planning and may need to be coordinated between Qwest and CLEC.
All requests will be processed on a first come, first served basis and are
subject to Qwest's ability to meet a reasonable demand.
Considerations such as system downtime, Switch upgrades, Switch
maintenance, and the possibility of other CLECs requesting the same
FDT in the same Switch (Switch contention) must be reviewed. In the
event that any of these situations would occur, Qwest will coordinate
with CLEC for an agreed upon FDT, prior to issuing the Firm Order
Confirmation (FOC). In special cases where a FDT must be agreed
upon, the interval to reach agreement will not exceed two (2) days. In
addition , standard intervals will apply.
10.CLEC shall request a Managed Cut by submitting a Local
Service Request (LSR) and designating this order as a Managed Cut in
the remarks section of the LSR form.
1 O.O4/mm/LNP Amd/Fretel Comm. LLC/ID
Amendment to CDS-990518-0068
Qwest Idaho SGAT - Third Revision, May 24, 2002 (July 25,2002 Errata)
ATTACHMENT 1
10.CLEC will incur additional charges for the Managed Cut
dependent upon the FDT. The rates are based upon whether the
request is within Qwest's normal business hours or out of hours.
Qwest's normal business hours are 7:00 a.m. to 7:00 p., End User
local time, Monday through Friday. The rate for Managed Cuts during
normal business hours is the standard rate. The rate for Managed Cuts
out of hours, except for Sundays and Holidays, is the overtime rate.
Sundays and Holidays are at premium rate.
10.Charges for Managed Cuts shall be based upon actual
hours worked in one half (~) hour increments. Exhibit A of this
Amendment contains the rates for Managed Cuts. CLEC understands
and agrees that in the event CLEC does not make payment for
Managed Cuts, unless disputed as permitted under the Agreement,
Qwest shall not accept any new LSR requests for Managed Cuts.
10.Qwest will schedule the appropriate number of employees
prior to the cut, normally not to exceed three (3) employees, based
upon information provided by CLEC. CLEC will also have appropriate
personnel scheduled for the negotiated FDT. If CLEC's information is
modified during the cut, and, as a result, non-scheduled employees are
required, CLEC shall be charged a three (3) hour minimum callout
charge per each additional non-scheduled employee. If the cutis either
cancelled, or supplemented (supp) to change the due date, within
twenty four (24) hours of the negotiated FDT, CLEC will be charged a
one person three (3) hour minimum charge. If the cut is cancelled due
to a Qwest error or a new due date is requested by Qwest , within
twenty-four (24) hours of the negotiated FDT, Qwest may be charged
by CLEC one person three (3) hour minimum charge as set forth in
Appendix A.
10.In the event that the LNP Managed Cut LNP conversion is
not successful, CLEC and Qwest agree to isolate and fix the problem in
a timeframe acceptable to CLEC or the Customer. If the problem
cannot be corrected within an acceptable timeframe to CLEC or the
Customer, CLEC may request the restoral of Qwest service for the
ported Customer. Such restoration shall begin immediately upon
request. If CLEC is in error then a supplemental order shall be provided
to Qwest. If Qwest is in error, no supplemental order or additional order
will be required of CLEC.
10.5.4.Qwest shall ensure that any LNP order activity requested
in conjunction with a Managed Cut shall be implemented in a manner
that avoids interrupting service to the End User, including, without
limitation, ensuring that the End User s Qwest Loop will not be
disconnected prior to confirmation that CLEC Loop has been
successfully installed.
10.6 Maintenance and Repair
1 0.04/mm/LNP Amd/Fretel Comm. LLC/ID
Amendment to CDS-990518-0068
Qwest Idaho SGAT - Third Revision, May 24, 2002 (July 25, 2002 Errata)
ATTACHMENT
10.Each Party is responsible for its own End Users and will have the
responsibility for resolution of any service trouble report(s) from its End Users.
End user customers will be instructed to report all cases of trouble to their
Service Provider.
10.Each Party will provide their respective End User customers the
correct telephone numbers to call for access to their respective repair bureaus.
Each Party will provide their repair contact numbers to one another on a
reciprocal basis.
10.Qwest will work cooperatively with CLEC to isolate and resolve
trouble reports. When the trouble condition has been isolated and found to be
within a portion of the Qwest network, Qwest will perform standard tests and
isolate and repair the trouble within twenty-four (24) hours of receipt of the report.
10.Qwest will proactively test new Switch features and service
offerings to ensure there are no problems with either the porting of numbers or
calls from Qwest customers to CLEC customers with ported numbers or vice
versa.
10.7 Rate Elements
10.Qwest will comply with FCC and Commission rules on cost
recovery for long term number portability.
10.04/mm/LNP Amd/Fretel Comm. LLC/ID
Amendment to CDS-990518-0068
Qwest Idaho SGA T - Third Revision, May 24, 2002 (July 25, 2002 Errata)
Exhibit A
Idaho
Fretel Communications, LLP
Resale Wholesale
Discount
Percentage
Recurring
Charges
Wholesale
Discount
Percentage
Nonrecurring
Charges
See FCC Tariff #1 Section 20.1 & 20.
$26.
$34.
$42.
10.9111E911 No Char e
NOTES:
Order No. 29408, Idaho Public Utilities Commission, Case No. OWE-01-11 (Jan. 5, 2004).
Owest Idaho SGAT Third Revision Exhibit A
11.04/mm/Fretel Communications, LLC/LNP Amend/ID
CDS-990518-0068 4th Amended January 16, 2004