20030227Amendment.pdf

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February 27 2003
MARY S, HOBSON
Direct [phone]
mshobson(ij)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 (fka U S West
Communications) 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
Ult/vu Ih-~
Mary S. HJb;o
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Enclosure
Oregon
Washington
California
Boise-153694.!0029164-00016
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Idaho
Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
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Dan Willis
TW Wireless LLC
1860 Lincoln Street - 14th Floor
Denver, CO 80295
Telephone: [phone]
Facsimile: [phone]
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.C. ~252(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 22, 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. '
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
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Boise-153681.l 0029164-00016
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 27th day of February, 2003.
Qwest Corporation
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(;
Mary S. 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-15368L1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 2ih day of February, 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
i i ewell~puc. state.id.
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Dan Willis
TW Wireless LLC
1860 Lincoln Street - 14th Floor
Denver, CO 80295
Telephone: [phone]
Facsimile: [phone]
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
John Love
Qwest Communications International Inc.
7800 East Orchard Road - Suite 250
Englewood, CO 80 III
Telephone: [phone]
-.lL
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Ai
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c:4u, 11
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-153681.l 0029164-00016
Amendment to the Interconnection Agreement
Between
TWWireless LLC
and
Qwest Corporation
a U S WEST Communications, Inc.
This Amendment ("Amendment") is made and entered into by and between TW Wireless
LLC ("TW Wireless or "WSP"and Qwest Corporation f.a. US WEST
Communications, Inc. ("Qwest"
RECITALS
WHEREAS, TW Wireless and Qwest entered into an Interconnection Agreement for
service in the State of Idaho that was effective on February 22 , 2000 (the "Agreement");
and
WHEREAS, TW Wireless and Qwest desire to amend the Agreement by adding 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:
1. Amendment Terms.
This Amendment is made in order to add terms and conditions for Single Point of
Presence ("SPOP") in the LATA, as set forth in Attachment 1 and Exhibit A, and for
Inter Local Calling Area (1InterLCA"), as set forth in Attachment 2 , attached hereto
and incorporated herein.
This amendment appends TW Wireless s Idaho contract to be able to order either
InterLCA Facility or SPOP products per LATA but not both. This amendment
enables TW Wireless to entirely convert from one product to another product per
LATA without requiring a new amendment. This amendment does not enable TW
Wireless to have and employ both products per LATA at the same time.
Neither Party shall lose any of its rights from the original contract by entering into this
Amendment for spap or InterLCA.
2. Effective Date.
This Amendment shall be deemed effective upon the Idaho Public Utilities
Commission approval , however, the Parties may agree to implement the provisions
of this Amendment upon execution.
Amendment to CDS-991111-0054
Attachment 1
Single Point of Presence (SPOP) in the LATA is a Type 2 Interconnection trunking option that
allows WSP to establish one physical point of presence in the LATA in Qwest's territory.
Qwest and WSP may then exchange traffic at the SPOP utilizing trunking as describedfollowing.
By utilizing SPOP in the LATA, WSP can deliver both Exchange Access (IntraLATA
Toll Non-IXC) and Jointly Provided Switched Access (lnterLATA and IntraLATA IXC)
traffic and Exchange Service EAS/Local traffic at Qwest's Access Tandem Switches.
WSP can also utilize Qwest's behind the tandem infrastructure to terminate traffic to
specific end offices. The SPOP is defined as the WSP's physical point of presence.
SPOP in the LATA includes an Entrance Facility (EF), Expanded Interconnect Channel
Termination (EICT), or Mid Span Meet POI and Direct Trunked Transport (DTT)
options available at both a DS1 and DS3 capacity.
Where there is a Qwest local tandem serving an end office that WSP intends to
terminate traffic, the following conditions apply:
All local trunking must be ordered to the Qwest local tandem for the Qwest end
office served by the Qwest local tandem , subject to the 512 CCS rules.
Alternatively, the WSP may choose to use the Qwest access tandem for local
traffic in those circumstances where the traffic volumes (less than 512 CCS) do
not justify direct connection to the Qwest local tandem. When there is a DS1'
worth of local traffic (512 CCS) between the WSP's SPOP and those Qwest
end offices subtending a Qwest local tandem, WSP will order a direct trunk
group to the Qwest local tandem.
1 When a WSP has an NXX that subtends a local tandem, but the anticipated
traffic to and from the NXX is less than 1 DS1s (512 CCS) worth of traffic
the WSP may choose to use the access tandem for local traffic in the
circumstances described above in 1.1. The WSP will be required to
submit an electronic letter on WSP letterhead to Qwest stating at which
local tandems they will not interconnect. This letter should include, the local
tandem CLU(s) and the WSP specific NPA-NXXs for the local tandems. In
addition, WSP will provide a revised electronic letter to Qwest of any
changes in the network configuration or addition/deletions of NPA-NXXs of
the aforementioned local tandems.
Connections to a Qwest local tandem may be two-way or one-way trunks.
These trunks will carry Exchange Service EAS/Local traffic only.
3 A separate trunk group to the Qwest access tandem is necessary for the
exchange of non-local Exchange Access (IntraLATA Toll Non-IXC) traffic and
jointly Provided Switched Access (InterLATA and IntraLATA IXC) traffic.
1.4 Where there is no Qwest local tandem serving a Qwest end office, WSP may choose
from one of the following options:
1 A two-way WSP Type 2 trunk group to the Qwest access tandem for WSP
Amendment to CDS-991111-0054
traffic terminating to, originating from, or passing through the Qwest network
that combines Exchange Service EASt Local, Exchange Access (IntraLATA Toll
Non-IXC) and Jointly Provided Switched Access (InterLATA and IntraLATA
IXC) traffic.
1.4.2 A two-way WSP Type 2 trunk group to the Qwest access tandem for WSP
Jointly Provided Switched Access (InterLATA and IntraLATA IXC) traffic
terminating to and originating from the IXC Feature Group (FG) NBID network
through the Qwest network and an additional two-way trunk group to the Qwest
access tandem for the combined Exchange Service EASt Local and Exchange
Access (IntraLATA Toll Non-IXC) traffic terminating to, originating from, and
transiting the Qwest network.
1.4.1 If the WSP uses two way trunking, Qwest will send all Exchange Service
EAStLocal, Exchange Access (lntraLATA Toll Non-IXC) and Jointly
Provided Switched Access (InterLATA and IntraLATA IXC) traffic
delivered to the Qwest access tandem on the same combined trunk.
1.4.3 A one-way terminating WSP Type 2 trunk group to the Qwest access tandem
for WSP traffic destined to or through the Qwest network that combines
Exchange Service EAStLocal , Exchange Access (Intra LATA Toll Non-IXC) and
Jointly Provided Switched Access (lnterLATA and IntraLATA IXC) traffic.
1.4.4 WSP may utilize a one-way Type 2 trunk group to the Qwest access tandem for
Jointly Provided Switched Access (InterLATA and IntraLATA IXC) traffic
terminating to the IXC FG NBID network through the Qwest network, and an
additional one-way trunk group to the Qwest access tandem for the combined
Exchange Service EASt Local, Exchange Access (IntraLATA Toll Non-IXC)
traffic terminating to, originating from, and transiting the Qwest network.
1.4.4.1 If WSP orders either of the above one-way trunk options, Qwest will
return the traffic via one combined Exchange Service EASt Local, and
Exchange Access (IntraLATA Toll Non-IXC) trunk group.
1.4.To the extent Qwest combines Exchange Service (EAStLocal) , Exchange
Access (IntraLATA Toll carried solely by Local Exchange Carriers), and Jointly
Provided Switched Access (InterLATA and IntraLATA calls exchanged with a
third-party IXC) traffic on a single Type 2 trunk group, Qwest, at WSP's request
will declare a percent local use factor (PLU). Such PLU(s) will be verifiable
with either call summary records utilizing Calling Party Number information for
jurisdictionalization or call detail samples. WSP should apportion per minute of
use (MOU) charges appropriately.
WSP must have SS7 functionality to use SPOP in the LATA.
Qwest assumes WSP will be originating traffic destined for end users served by each
Qwest access tandem in the LATA, therefore, WSP must order Type 2 trunking to each
Qwest access tandem in the LATA to accommodate routing of this traffic. Additionally,
when there is more than one Qwest access tandem within the LATA boundary, the
WSP must order Type 2 trunking to each Qwest access tandem that serves its end-
user customers' traffic to avoid call blocking. Alternatively, should the WSP accept the
Amendment to CDS-991111-0054
conditions as outlined in the SPOP Waiver (Exhibit A), trunking will not be required toeach Qwest access tandem in multi-access tandem LATA.
Should the WSP not be utilizing the option of interconnecting at the access tandem for
local , due to low volume of local traffic under the circumstances described in 1.
WSP needs trunking only to each local tandem where they have a customer base. The
512 CCS rule and other direct trunking requirements will apply for direct trunking toQwest end offices.
If Direct Trunked Transport is greater than 50 miles in length, and existing facilities are
not available in either Party s network, and the Parties cannot agree as to which Party
will provide the facility, the Parties will construct facilities to a mid-point of the span.
WSP will provide notification to all Co-Providers in the local calling areas of WSP'
change in routing when the WSP chooses to route its traffic in accordance with
Qwest's SPOP interconnection trunking.
Ordering
1 SPOP in a LATA will be ordered based upon the standard ordering process for
the type of facility chosen. See the Qwest Interconnection and Resale
Resource Guide for further ordering information.
2 WSP will issue ASRs to disconnect/new connect existing access tandem trunk
groups to convert them to SPOP trunk groups.
In addition , the ASR ordering SPOP trunks will include SPOP Remarks "Single
POP in LATA" and the SPEC Field must carry "SPOLATA.
Amendment to CDS-991111-0054
EXHIBIT A
SINGLE POINT OF PRESENCE WAIVER
Qwest will waive the requirement for WSP to connect to each Qwest Access Tandem in the
LATA with this waiver amendment.
WSP certifies that it will not originate any traffic destined for subtending offices of Qwest'
Access Tandems for which WSP seeks a waiver. Or, if WSP does originate such traffic, that
WSP will route such traffic to a Non-Qwest network. In addition, WSP certifies that it has no
end users in the serving area of the Qwest Access Tandem for which WSP seeks a waiver.
WSP will send an electronic letter to Qwest indicating the Qwest access tandems subject to
this waiver at the time of ordering trunks required to implement SPOP in the LATA. In
addition , WSP will provide a revised electronic letter to Qwest advising of any changes in the
network configuration of the aforementioned access tandems. Should WSP desire to begin
serving end users in the serving area of a Qwest access tandem currently under this waiver
WSP must first establish trunking to the Qwest access tandem. Additionally, should WSP
desire to originate traffic destined to a Qwest end office subtending a Qwest access tandem
currently under this waiver, WSP must first establish trunking to the Qwest access tandem.
Under this waiver any WSP originated traffic destined for an end office subtending a Qwest
tandem under this waiver will be billed separately, by Qwest to WSP, via a manual bill.
Misrouted usage under this waiver will be billed, a penalty of $.21 per MOU.
Additionally, a manual handling fee of $100 or 10% of total billing, whichever is greater, will be
charged for each such manual bill rendered.
Late Payment charges will apply as outlined in the existing Interconnection Agreement
currently in effect between the Parties.
Should this traffic occur, the Parties agree to meet within forty-five (45) days of Qwest's
identification of such misrouted traffic to discuss methods for avoiding future misrouting on that
trunk group or groups. WSP will then have thirty (30) days from the date of meeting to correct
such misrouting on that trunk group or groups. If further misrouting occurs or continues after
that date on the same trunk group or groups as the original misrouting identified , the Parties
agree to meet again within thirty (30) days of Qwest's identification of such misrouted traffic to
discuss methods for avoiding future misrouting on that trunk group or groups. WSP will then
have thirty (30) days from the date of meeting to correct such misrouting. If further misrouting
occurs or continues after that date on the same trunk group or groups, Qwest will consider this
waiver null and void and all requirements in Attachment 1 or in the existing Interconnection
Agreement currently in effect between the Parties will be reinstated. If the parties disagree
about whether the traffic identified by Qwest was actually misrouted , the Parties agree to avail
themselves of the dispute resolution provision of their interconnection agreement. Nothing in
this provision affects or alters in any way WSP's obligation to pay the rates, the manual
handling fee, and the late payment charges specified above for misrouted traffic.
Amendment to CDS-991111-0054
Attachment 2
Inter Local Calling Area (InterLCA)
Definition:
Inter Local Calling Area (UlnterLCA Facility ) is an interconnection DS1 offering that allows
WSP to establish a virtual POC in a distant calling area.
InterLCA Facility:
WSP may request Qwest-provided facilities to transport EAS/Local Traffic from a virtual
POC in a Qwest EAS/LCA to a POC located in a distant EAS/LCA (a 'distant POC'
The Qwest-provided facilities interconnecting a Qwest EAS/LCA to a distant POC are
Type 2 InterLCA Facilities.
The actual origination of the InterLCA Facility shall be the Qwest Wire Center located
in the EAS/LCA associated with WSP's NXX. The Termination point is in the POC in
the distant EAS/LCA.
If the distance between the Qwest Wire Center in the EAS/LCA and the Serving Wire
Center is twenty miles or less, the fixed and per-mile rates for Direct Trunk Transport
(DTT) shall apply in accordance with Part G of the Agreement.
If the distance between the Qwest Wire Center in the EAS/LCA and the Serving Wire
Center of the distant POC is greater than twenty miles, the fixed and per-mile DTT
rates shall apply to the first twenty miles in accordance with Part G of the Agreement
and the remaining miles are rated as intrastate monthly fixed and per mile OS 1 Private
Line Transport Services. The Private Line Transport Services rates are contained in
the applicable state Private Line catalogs and Tariffs.
The facilities connecting the distant POC to the Qwest Wire Center will be rated as
intrastate DS1 Private Line Transport Services. The Private Line Transport rates are
contained in the applicable state Private Line catalogs and Tariffs.
WSP will be charged for the first twenty miles of the InterLCA Facility as specified in
Part G of the Agreement, to reflect the portion of the InterLCA facility that is used by
Qwest to transport Qwest-originated traffic to WSP Qwest shall not be required to
reduce the Private Line Transport Services rates for the portion of the InterLCA Facility
that exceeds 20 miles in length.
The InterLCA facility may be utilized with a DS1 to DSO multiplexer in the Qwest Wire
Center. A DSO level Type 2 Interconnection trunk may use the InterLCA DS1 as
Customer Facility Assignment (CFA) within the originating EAS/LCA.
In addition WSP may choose to purchase a Private Line Transport Services DS3 from
Qwest as a CFA on which the Type 2 InterLCA Facility would ride. WSP will purchase
a Private Line DS3 to DS1 multiplexer to support the DS1 InterLCA Facility. If WSP
chooses to utilize a Private Line DS3 as CFA, these rates will be billed out of the
applicable Private Line Transport Services catalogs or Tariffs.
Amendment to CDS-991111-0054
The InterLCA Facility cannot be used to access unbundled network elements.
The InterLCA Facility is available only where facilities are available. Qwest is not
obligated to construct new facilities to provide a InterLCA Facility.
Amendment to CDS-991111-0054
3. 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.
4. Entire Aareement
This Amendment (including the documents referred to herein) constitutes the full and
entire understanding and agreement between the Parties with regard to the subjectsof 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.
TW Wireless LLC Qwest Corporation
Authorized SignatureAuthorized Signature
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Name PrintedfTyped
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Title
L.T. Christensen
Name PrintedfTyped
Date
Director - Business Policy
Title
l/rk/o Date
Amendment to CDS-991111-0054