20040210Amendment.pdf

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Mary S. Hobson (ISB# 2142)
Stoe1 Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
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JTILITIES cm'H'iJSSION
Donald J. Manning
General Counsel
4500 Carillon Point
Kirkland, W A 98033
Telephone: [phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND NPCR, INe. dba
NEXTEL PARTNERS FOR APPROVAL OF A
WIRELINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 u.S.g252(E)
CASE NO.: USW-99-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and NPCR, Inc. dba Nextel Partners ("Nextel") hereby
jointly file this Application for Approval of Amendment to the Interconnection Agreement
Amendment"), which was approved by the Idaho Public Utilities Commission on November 8
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-167427.10029164-00016
Nextel 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
Nextel to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Nextel 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 9th day of February, 2004.
Qwest Corporation
~/!:~
Stoel Rives LLP, Attorneys for Qwest
and
Donald J. Manning
Nextel Partners, Inc.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-167427.10029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 9th day of February, 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
ii ewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Donald J. Manning
General Counsel
4500 Carillon Point
Kirkland, W A 98033
Telephone: [phone]
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Michael van Eckhardt
Davis Wright Tremaine
2600 Century Square
1501 Fourth Avenue
Seattle, W A 98101
Telephone: [phone]
Hand Delivery
U. S. Mail
Overnight Delivery
, Facsimile
Email
k&V
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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-167427.10029164-00016
Amendment To Interconnection Agreement
Between
NPCR, Inc. dba Nextel Partners
And
Qwest Corporation f/k/a U S WEST Communications, Inc.
For The State of Idaho
This Amendment is entered into by and between NPCR , Inc. dba Nextel Partners
("Nextel") and Owest Corporation f/k/a U S WEST Communications, Inc. ("Owesf'
RECITALS
Nextel and Owest are parties to a Interconnection Agreement ("Underlying Agreement"
effective September 30, 1999 and
Nextel and Owest hereby amend the Underlying 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
Section 4.1 (Reciprocal Compensation), through and including subsection 4.
of the Underlying Agreement, is amended to read as follows:
Each Party will compensate the other for its traffic terminating to the other
Party s subscriber. Carrier s rate for OWEST's Reciprocal Compensation
Credit will be symmetrical to the ISP rate from the ISP Amendment the
Parties previously signed. Owest will compensate Carrier for local 2-way
voice traffic, not paging traffic, originated from Owest's subscribers. Both
originating and terminating points for the minutes of use must be contained
within the same LCA.
The new Reciprocal Compensation factors used in this Amendment
are based on a three month study of actual Mobile to Land and Land
to Mobile traffic between Owest and Nextel Partners.
The Reciprocal Compensation Credit for termination of Owest Wireline
subscriber calls shall be comprised of two components: termination charges
and two-way dedicated facilities charges and calculated as set forth in this
Section. Examples of the application of the calculation are provided for
reference in the following Appendix A-
The Reciprocal Compensation Credit for the termination component
shall be calculated as follows: Divide the total number of monthly
ID/Amendment to: CDS-990811-0183
Qwest measured LCA Carrier minutes of use terminated on Qwest's
network by a factor of 0.605 (sixty and one half percent). The total of
the calculation will then be multiplied by 0.395 (thirty nine and one half
percent) to arrive at the total Qwest minutes of use terminated on
Carrier s network per month. This monthly total will be multiplied by
the applicable ISP rate to obtain the Reciprocal Compensation Credit
for the month with respect to Qwest terminations.
The Reciprocal Compensation Credit for two-way dedicated facilities
charges shall be based upon the Type 2 channel facilities or two-way
network access channels used by both Qwest and Carrier to
terminate their respective local Interconnection subscriber traffic. This
shall be calculated by multiplying (1) the sum of the total monthly two-
way channel facility or network access channel multiplexer and
distance sensitive facilities state specific rates by (2) a factor of 0.222
(twenty two and two tenths percent). The Parties agree that the
Reciprocal Compensation Credit is intended to apply only to Type 2
Interconnection facilities which are actually utilized as two-way
facilities, and will not apply to one-way facilities. Unless the Parties
agree otherwise in writing, either Party may route traffic to the other
utilizing one-way trunks.
Appendix A-1 to the Underlying Agreement, Type 2 Reciprocal Compensation, is
replaced by the Appendix A-1 attached to this Amendment as Exhibit A and is
made a part hereof.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission; however,
the Parties hereby agree to implement the provisions of this Amendment upon
execution.
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.
Entire AQreement
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
ID/Amendment to: CDS-990811-0183
agreements , or 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 and
which together shall constitute one and the same instrument.
NPCR, Inc. dba Nextel Partners
'YV1
DONALD J. MANNING
Pri ted
~rcE PRESIDENT
Qwes! corp
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Authorized Signature
loT. Christensen
Printed Name
Title
3D
Date
Director Interconnection Aareements
Title
zj1!otfDate
ID/Amendment to: CDS-990811-0183
APPENDIX A-
TYPE 2 RECIPROCAL COMPENSATION
EXAMPLE OF RECIPROCAL COMPENSATION CREDIT CALCULATION
Termination Component
Carrier Minutes terminated to USWC subscribers:
Divide by .605 factor to arrive at Total Minutes (10,000 0001.605)
10,000,000
528 925
Multiply Total Minutes by .395 to arrive at USWC minutes to Carrier
(16,528 925 x .395)528 925.
Multiply result by ISP rate ($0.0007)
Termination Component Credit (6 528 925 x $0.0007)$ 4570.
Facility Component (usina a DS3 for this example)
Equipment costs (Channel facility, multiplexing, etc.$ 10 000
Dedicated transport cost (fixed and per mile)250
Total Facility cost ($10 000 + 1 250)11 ,250
Multiply Total Facility cost by .222
Facility Component Credit ($11 250 X .222)$ 2,497.
Reciprocal Compensation Credit
Termination Component
Facility Component
Total Reciprocal Compensation Credit ($4 570.25 + 2,497.50)
$ 4570.
$ 2,497.
$ 7067.
ID/Amendment to: CDS-990811-0183