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Home My WebLink About20030617Amendment.pdf;l~ "'3 STOEL ~~, ,:ECEIVED ~!U~D 2CG3 JUN 16 PM 3: 59 101 5- Capitol Boulevard, Suite 1900 Boise, Idaho 83702 main 208.389-9000 fax 208.389.9040 www_stoeLcom ATTORNEYS AT lAW i -.. i ,- " - !' ~ : l ~- . '::' I . '; .,:,' ,- r,,'_e""',ON, I L! i 1,:'0 '--,vi It I.. June 16, 2003 MARY S- HOBSON Direct (208) 387-4277 mshobsonl1j)stoeLcom VIA HAND DELIVERY Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street Boise, Idaho 83720-0074 Re:Case No. USW-99- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation and TW Wireless LLC is an original of the Application for Approval of Amendment to the Interconnection Agreement. The parties respectfully request that this matter be placed on the Commission Decision Meeting Agenda for expedited approval. Please contact me if you have any questions concerning the enclosed. Thank you for your assistance in this matter. Very truly yours f! fh1~l/;l Mary S.bson :blg Enclosure Oregon Washington California Boise-158311.l 0029164-00016 Utah Idaho hECEIVED ~ i1 :: , , _ii \"- Mary S. Hobson (ISB# 2142) Stoel Rives LLP 101 South Capitol Boulevard - Suite 1900 Boise, ill 83702 Telephone: (208) 389-9000 Facsimile: (208) 389-9040 mshobson~stoel.com 20n3 JUN 16 PM 3: 59 i, "' L'l.. : '--' nQf (';, IONI L 1\-,' ,vi, v Dan Willis TW Wireless LLC 1860 Lincoln Street - 14th Floor Denver, CO 80295 Telephone: (720) 947-1636 Facsimile: (720) 947-1795 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION JOINT APPLICATION OF QWEST CORPORATION (fka U S WEST COMMUNICATIONS, INC.) AND TW WIRELESS LLC FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 u.S.c. 9252(E) CASE NO.: USW-99- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") and TW Wireless LLC ("TW") hereby jointly file this Application for Approval of Amendment to the Interconnection Agreement ("Amendment" which was approved by the Idaho Public Utilities Commission on February 2, 2000 (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 AG~EMENT - Page 1 Boise-15831O.l 0029164-00016 TW and Qwest respectfully submit this Amendment provides no basis for either of 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 TW to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. TW 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 16th day of June, 2003. Qwest Corporation Lttrr:llM fr.-, Mary S. H son Stoel Rives LLP, Attorneys for Qwest and Dan Willis TW Wireless LLC APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 Boise-158310.1 0029164-00016 CERTIFICATE OF SERVICE I hereby certify that on this 16th day of June, 2003, 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 ewellCij),puc. state.id. us ----K- Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Dan Willis TW Wireless LLC 1860 Lincoln Street - 14th Floor Denver, CO 80295 Telephone: (720) 947-1636 Facsimile: (720) 947-1795 Hand Delivery ----K- U. S. Mail Overnight Delivery Facsimile Email John Love Qwest Communications International Inc. 7800 East Orchard Road - Suite 250 Englewood, CO 80111 Hand Delivery ----K- 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-158310.l 0029164-00016 Internet Service Provider (UISP") Bound Traffic Amendment to the Type 2 Wireless Interconnection Agreement between Qwest Corporation and , TW Wireless LLC for the State of Idaho This is an Amendment ("Amendment") to the Type 2 Wireless Interconnection Agreement between Qwest Corporation ("Qwest") , formerly known as US WEST Communications, Inc., a Colorado corporation , and TW Wireless LLC ("Wireless Service Provider ("WSP" )). WSP and Qwest shall be known jointly as the "Parties RECITALS WHEREAS, WSP and Qwest entered into the aforementioned 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 tp, 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 which is hereby acknowledged, the Parties agree to the language as follows in lieu of existing contract language: 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 intercarrj,er 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. Information Services Access" means the offering of access to Information Services Amendment to 10 - COS-991111-0054 Providers. Exchange Service (EAS/Local) Traffic Pursuant to the election in Section 5 of this Amendment, th~ Parties agree to exchange all EAS/Local (S251 (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 thefCC 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 awest 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), 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: Identification of ISP-Bound traffic -- awest will presume traffic delivered to WSP that exceeds a 3:1 ratio of terminating (awest to WSP) to originating (WSP to awest) 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 boundtraffic will be considered to be section 251 (b)(5) traffic. The provisions in this amendment apply regardless of how the ISP bound ~~a;ftic is determined. Growth Ceilings for ISP-Bound Traffic -- InterC'arrier compensation for ISP-bound traffic originated by awest end users and terminated byWSP will be subject to growth ceilings. ISP-bound MOUs exceeding the growth ceiling will be subject to Bill and Keep compensation. For 2002 WSP may receive compensation, pursuant to a particular Interconnection Agreement, for ISP, bound minutes up to a ceiling equal to the minutes for which it was entitled to compensation under that Agreement in 2001 , plus another ten percent(10%) growth factor. In 2003 WSP may receive compensation , pursuant to a particular Interconnection Agreement, for ISPbo~nd minutes up to a ceiling equal to the 2002 ceiling applicable to that Agreement. Rate Caps -- Intercarrier compensation for ISP-boundtraffic exchanged between awest and WSP will be billed in accordance with their existing Agreement or as followswhichever rate is lower: 3.2.1 $.001 per MOU for eighteen (18) months from December 14 2001 through June 13 , 2003. Amendment to ID - CDS-991111-0054 3.2.2 $.0007 per MOU from June 14, 2003 until thirty six (36) months after the effective date or until further FCC action on intercarrier compensation whichever is later. 3.2.Compensation for ISP bound traffic in Interconnection configurations not exchanging traffic pursuant to Interconnection agreements prior to adoption of the FCC ISP Order on April 18 , 2001 will be on a Bill and Keep basis until further FCC action on Intercarriercompensation. This includes carrier expansion into a market it previously had not served. Effective Date This Amendment shall be deemed effective upon execution by the Parties, subject to approval by the Commission. Rate Election The reciprocal compensation rate elected for (9251 (b)(5)) traffic is (elect and siQn one): Current rate for voice traffic in the existing Interconnection Agreement: , ,-- Signature Name PrintedfTyped The rate applied to ISP traffic: MW~S;g"""~ -POi ('(\ e l0 J: !; T&f) Fe if .. 1+ ')(g 1;;: f2/~ Name PrintedfTyped Further Amendments; Waivers The provisions of this Amendment, including the provisions of this sentence, may not be amended , modified or supplemented , and waivers or consent's 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. Amendment to 10 - COS-991111-0054 Entire Agreement This Amendment (including the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subjects of this Amendment and supersedes any prior understandings , agreements, amendments , or representations by or between the Parties, written or oral, to the extent they relate in any way to the subjects 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. ' ;Z L ?Q\.(he-Ia (). S;~~() /LA fJx.fl15R-&- Name Printedrryped V P "Nodio I16tLJl/p-faJo~/~lXJS Title ,- ;) Date Amendment to 10 - CDS-991111-0054 .. c:- Signature L. T. Christensen Name PrintedfTyped Director - Business Policy Title Date ~30 / ;I :: '