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HomeMy WebLinkAbout20060202Amendment I.pdf. : ,'., ~- ";'. ~' ver,mP ' .-.-; .' ". , -- JTiL!Y,i=S CUi,!SSi I' 20575 NW Von Neumann Drive, Suite 150 Hillsboro, OR 97006 February 1 2006 2-/J t --O'-d2.- Ms. Jean Jewell, Secretary Idaho Public Utilities Commission O. Box 83720 Boise, Idaho 83720-0074 Re: Amendment # 1 to Interconnection Agreement between Verizon Northwest Inc. and Covista, Inc. Dear Ms. Jewell: Enclosed for filing is an original and three copies of Amendment # 1 to the Agreement between Verizon Northwest Inc. and Covista, Inc. Please call me at 503/645-7909, if you have any questions. Thanks Renee M. Willer Senior Staff Consultant Enclosures - L. .':~ i.i -' I. '3 Hili: iLS CC'::3SiOii AMENDMENT NO. TO THE V-z/V -Ob-QU INTERCONNECTION AGREEMENT BETWEEN VERIZON NORTHWEST INC. AND COVISTA, INC. This Amendment No.1 (the "Amendment") is made by and between Verizon Northwest Inc. ("Verizon ), a Washington corporation with offices at 1800 41st Street, Everett, WA 98201, and Covista, Inc., a corporation with offices at 721 Broad Street, suite 200, Chattanooga , TN 37402 ("Covista ), and shall be deemed effective on December 26, 2005 and in no event later than the date on which the Agreement (as defined below) takes effect (the "Amendment Effective Date ). Verizon and Covista are hereinafter referred to collectively as the "Parties" and individually as a "Party . This Amendment covers services in Verizon s service territory in the State of Idaho (the "State WITNESSETH: WHEREAS, Verizon and Covista, pursuant to Section 252(a)(1) of the Communications Act of 1934 , as amended (the "Act"), are filing concurrently herewith for Commission approval an Interconnection Agreement under Sections 251 and 252 of the Act (the "Agreement"); and WHEREAS the Federal Communications Commission (the "FCC") released an order on August 21 , 2003 in CC Docket Nos. 01-338, 96-, and 98-147 (the "Triennial Review Order" or TRO"), which became effective as of October 2, 2003; and WHEREAS on March 2 , 2004, the U.S. Court of Appeals for the District of Columbia Circuit (the "C. Circuit") issued a decision affirming in part and vacating in part the TRO (the C. Circuit Decision ); and WHEREAS on August 20 2004, the FCC released an Order in WC Docket No. 04-313 and CC Docket No. 01-338 (the "Interim Rules Order ) setting forth certain interim rules regarding the temporary reinstatement of unbundling obligations for certain network elements with respect to which the D.C. Circuit Decision holds that the FCC has made no lawful impairment finding under Section 251 of the Act; and WHEREAS, on February 4 2005, the FCC released an Order on Remand in WC Docket No. 04-313 and CC Docket No. 01-338 (the "TRRO") setting forth rules that supplanted , effective March 11 , 2005, the temporary rules set forth in the Interim Rules Order and addressing the remanded issues raised in the D.C. Circuit Decision; Covista ID TRRO Amendment 1-DISJ-1 WHEREAS in light of the foregoing developments, the Parties, pursuant to Section 252(a) of the Act, wish to amend the Agreement, effective as of the effective date of the Agreement, in order to give contractual effect to the provisions set forth herein; and NOW, THEREFORE in consideration of the promises and mutual agreements set forth herein , the Parties agree to amend the Agreement, effective as of the effective date of the Agreement, as follows: Amendment to Aareement.The Agreement is amended to include the following provisions, which shall apply to and be a part of the Agreement notwithstanding any other provision of the Agreement or a Verizon tariff or a Verizon Statement of Generally Available Terms and Conditions CSGAT"). General Conditions. Notwithstanding any other provision of the Agreement, this Amendment, or any Verizon tariff or SGAT: (a) Verizon shall be obligated to provide access to unbundled Network Elements ("UNEs ) and combinations of unbundled Network Elements ("Combinations ) to Covista under the terms of this Amended Agreement only to the extent required by the Federal Unbundling Rules, and (b) Verizon may decline to provide access to UNEs and Combinations to Covista to the extent that provision of access to such UNEs or Combinations is not required by the Federal Unbundling Rules. Covista may use a UNE or a Combination only for those purposes for which Verizon is required by the Federal Unbundling Rules to provide such UNE or Combination to Covista. Notwithstanding any other provision of the Agreement, this Amendment, or any Verizon tariff or SGAT, to the extent Verizon becomes obligated to provide to Covista pursuant to the Federal Unbundling Rules a Discontinued Facility or a UNE, Combination , or related service that, as of the Amendment Effective Date, Verizon is not required to provide to Co vista under the Amended Agreement and the Federal Unbundling Rules, the rates, terms, conditions for such Discontinued Facility, UNE, Combination, or related service shall be as provided in an applicable Verizon tariff that Verizon, after the Amendment Effective Date, establishes or revises to provide for such rates, terms, and conditions, or (in the absence of an applicable Verizon tariff that Verizon, after the Amendment Effective Date, establishes or revises to provide for such rates, terms, and conditions) as mutually agreed by the Parties in a written amendment to the Amended Agreement. For the avoidance of doubt, notwithstanding any other provision of the Agreement, this Amendment, or any Verizon tariff or SGAT Verizon, unless and until such time as Verizon is required to do so by an applicable Verizon tariff that Verizon, after the Amendment Effective Date establishes or revises to provide for the applicable rates, terms, and conditions or by a mutually agreed written amendment to the Amended Agreement setting forth the applicable rates, terms, and conditions, shall not be required under the Amended Agreement (a) to perform any routine network modification that the Agreement does not expressly and specifically require Verizon to perform (including, but not limited to, any routine network modification required under 47 R. ~ 51.319(a)(8) or 47 C.R.~ 51.319(e)(5)), (b) to commingle, or to permit the commingling of, UNEs or Combinations with other wholesale services obtained from Verizon under a Verizon access tariff, separate non-251 agreement, or otherwise, or (c) to offer or provide, for any period of time not required under Section 3 of this Amendment, any facility that is or becomes a Discontinued Facility. Covista 10 TRRO Amendment 1-0ISJ-1 Generally Discontinued Facilities. 1.4 Notwithstanding any other provision of the Agreement, this Amendment, or any Verizon tariff or SGAT, Verizon shall not be obligated to offer or provide access on an unbundled basis at rates prescribed under Section 251 of the Act to any facility that is or becomes a Discontinued Facility, whether as a stand-alone UNE, as part of a Combination, or otherwise; provided, however, that in accordance with but only to the extent required by the TRRO (and only for so long as, and to the extent that, the TRRO remains effective and is not stayed, reversed, modified, or vacated), Verizon shall continue during the applicable transition period specified in the TRRO (and not beyond such period) to provide Covista s embedded base of UNEs that, as of March 11 , 2005, became Discontinued Facilities by operation of the TRRO , and such embedded base of UNEs shall be subject to FCC-prescribed rate increases pursuant to Section 3. below. To the extent Verizon has not already ceased providing a particular Discontinued Facility to Covista, Verizon, provided it has given at least ninety (90) days written notice of discontinuance of such Discontinued Facility, will continue to provide such Discontinued Facility under the Amended Agreement only through the effective date of the notice of discontinuance, and not beyond that date. To the extent a facility is (or becomes) a Discontinued Facility only as to new orders that Covista may place for such a facility, Verizon , to the extent it has not already discontinued its acceptance of such new orders and provided it has given at least ninety (90) days written notice in cases where it has not already discontinued its acceptance of such new orders, may reject such new orders on the effective date of the notice of discontinuance and thereafter. Verizon may, but shall not be required to, issue the foregoing notice in advance of the date on which the facility shall become a Discontinued Facility as to new orders that Covista may place, so as to give effect to Verizon s right to reject such new orders immediately on that date. The Parties acknowledge that Verizon , prior to the Amendment Effective Date, has provided Covista with any required notices of discontinuance of certain Discontinued Facilities, and that Verizon, to the extent it has not already done so pursuant to a pre-existing or independent right it may have under the Agreement, a Verizon SGAT or tariff, or otherwise, may, at any time and without further notice to Covista, cease providing any such Discontinued Facilities. This Section 3.1 is intended to limit any obligation Verizon might otherwise have to provide to Covista (or to notify Covista of the discontinuance of) any facility that is or becomes a Discontinued Facility, and nothing contained in this Section 3.1 or elsewhere in this Amendment shall be deemed to establish in the first instance or to extend any obligation of Verizon to provide any facility or Discontinued Facility. This Section 3.1 shall apply notwithstanding anything contained in the Agreement, this Amendment, or any Verizon tariff or SGAT, but without limiting any other right Verizon may have under the Agreement, this Amendment, or any Verizon tariff or SGAT to cease providing a facility that is or becomes a Discontinued Facility. Covista 10 TRRO Amendment 1-0ISJ-1 Continuation of Facilities Under Seoarate Arranaement.To the extent Covista wishes to continue to obtain access to a Discontinued Facility under a separate arrangement (e., a separate agreement at market-based rates, an arrangement under a Verizon access tariff, or resale), Covista shall have promptly undertaken and concluded such efforts as may be required to secure such arrangement prior to the date on which Verizon is permitted to cease providing the Discontinued Facility; provided , however, that in no event shall Covista s failure to secure such an arrangement affect Verizon s right to cease providing a facility that is or becomes a Discontinued Facility. If Verizon is permitted to cease providing a Discontinued Facility under this Section 3 and Covista has not submitted an LSR or ASR as appropriate, to Verizon requesting disconnection of the Discontinued Facility and has not separately secured from Verizon an alternative arrangement to replace the Discontinued Facility, then Verizon, to the extent it has not already done so prior to execution of this Amendment, shall reprice the subject Discontinued Facility by application of a new rate (or, in Verizon s sole discretion by application of a surcharge) to be equivalent to access, resale, or other analogous arrangement that Verizon shall identify in a written notice to Covista. The rates, terms, and conditions of any such arrangements shall apply and be binding upon Covista as of the date specified in the written notice issued by Verizon. The Parties acknowledge that Verizon has , in such written notices issued to Covista prior to the Amendment Effective Date, identified such arrangements to replace certain Discontinued Facilities and that Verizon , to the extent it has not already done so, may implement such arrangements without further notice. Limitation With Resoect to Reofacement Arranaements. Notwithstanding any other provision of this Amended Agreement, any negotiations regarding any replacement arrangement or other facility or service that Verizon is not required to provide under the Federal Unbundling Rules shall be deemed not to have been conducted pursuant to the Amended Agreement, 47 U.C. ~ 252(a)(1), or 47 C.R. Part 51 , and shall not be subject to arbitration pursuant to 47 U.C. ~ 252(b). Any reference in this Amended Agreement to Verizon s provision of a facility, service, or arrangement that Verizon is not required to provide under the Federal Unbundling Rules is solely for the convenience of the Parties and shall not be construed to require or permit arbitration of such rates, terms, or conditions pursuant to 47 U.C. ~ 252(b). 3.4 Pre-Existina and Indeoendent Discontinuance Rights. Verizon s rights as to discontinuance of Discontinued Facilities pursuant to this Section 3 are in addition to, and not in limitation of, any rights Verizon may have as to discontinuance of Discontinued Facilities under the Agreement, a Verizon tariff or SGAT, or otherwise. Nothing contained herein shall be construed to prohibit limit, or delay Verizon s exercise of any pre-existing or independent right it may have under the Agreement, a Verizon tariff or SGAT, or otherwise to cease providing a Discontinued Facility. Imolementation of Rate Chanaes. Notwithstanding any other provision of the Amended Agreement (including, but not limited to, the rates and charges set forth therein), Verizon may, but shall not be required to, implement any rate increases or new charges that may be established by the FCC in the TRRO or subsequent orders, once effective , for unbundled network elements combinations of unbundled network elements, or related services, by issuing to Covista a schedule of such rate increases and/or new charges, provided that the rate provisions of such FCC orders are not subject to a stay issued by any court of competent jurisdiction. Any such rate increases or new charges shall take effect on the date indicated in the schedule issued by Verizon, but no earlier than Covista 10 TRRO Amendment 1-0ISJ-1 the date established by the FCC, and shall be paid by Covista in accordance with the terms of the Amended Agreement. Verizon may, but shall not be required to, use a true-up to apply the rate increases or new charges effective as of the date indicated in the schedule issued by Verizon. The Parties acknowledge that Verizon, prior to the Amendment Effective Date, may have provided Covista such a schedule identifying rate increases or new charges for certain Discontinued Facilities, and that no further notice or schedule is required for those rate increases or new charges to take effect. Any such rate increases and new charges that the FCC may establish shall be in addition to, and not in limitation , any rate increases and new charges that the Idaho Public Utilities Commission may approve or that Verizon may otherwise implement under the Amended Agreement or applicable tariffs. Nothing set forth in this Section 3. shall be deemed an admission of Verizon (including, but not limited to, as to whether this Amendment is required in order for Verizon to charge the FCC- prescribed rate increases and new charges described herein) or limit Verizon right to appeal, seek reconsideration of, or otherwise seek to have stayed, modified, reversed, or invalidated any limit the FCC may impose on Verizon rates and charges. Miscellaneous Provisions Conflict between this Amendment and the Aareement.This Amendment shall be deemed to revise the terms and provisions of the Agreement to the extent necessary to give effect to the terms and provisions of this Amendment. In the event of a conflict between the terms and provisions of this Amendment and the terms and provisions of the Agreement this Amendment shall govern, provided, however, that the fact that a term or provision appears in this Amendment but not in the Agreement, or in the Agreement but not in this Amendment, shall not be interpreted as, or deemed grounds for finding, a conflict for purposes of this Section 4. Counterparts. This Amendment may be executed in one or more counterparts, each of which when so executed and delivered shall be an original and all of which together shall constitute one and the same instrument. Captions. The Parties acknowledge that the captions in this Amendment have been inserted solely for convenience of reference and in no way define or limit the scope or substance of any term or provision of this Amendment. 4.4 Scope of Amendment.This Amendment shall amend, modify and revise the Agreement only to the extent set forth expressly herein. As used herein , the Agreement, as revised and supplemented by this Amendment, shall be referred to as the "Amended Agreement". Nothing in this Amendment shall be deemed to amend or extend the term of the Agreement, or to affect the right of a Party to exercise any right of termination it may have under the Agreement. Reservation of Riahts. Notwithstanding any contrary provision in the Agreement, this Amendment, or any Verizon tariff or SGAT, nothing contained in the Agreement, this Amendment, or any Verizon tariff or SGAT shall limit either Party s right to appeal, seek reconsideration of or otherwise seek to have stayed modified, reversed or invalidated any order, rule , regulation , decision , ordinance or statute issued by the Idaho Public Utilities Commission, the FCC, any court or any other governmental authority related to, concerning or that may affect either Party's rights or obligations under the Agreement, this Amendment, any Verizon tariff or SGAT, or Applicable Law. Covista 10 TRRO Amendment 1-0ISJ.1 Joint Work Product.This Amendment is a joint work product, and any ambiguities in this Amendment shall not be construed by operation of law against either Party. Definitions. Notwithstanding any other provision in the Agreement or any Verizon tariff or SGAT, the following terms, as used in the Amended Agreement, shall have the meanings set forth below: 7.4 Call-Related Databases. Databases, other than operations support systems, that are used in signaling networks for billing and collection or the transmission, routing, or other provision of a telecommunications service. Call-related databases include, but are not limited to, the calling name database, 911 database, E911 database, line information database, toll free calling database advanced intelligent network databases, and downstream number portability databases. Dark Fiber Loop. Consists of fiber optic strand(s) in a Verizon fiber optic cable between Verizon s accessible terminal, such as the fiber distribution frame, or its functional equivalent, located within a Verizon wire center, and Verizon s accessible terminal located in Verizon main termination point at an end user customer premises, such as a fiber patch panel, and that Verizon has not activated through connection to electronics that "light" it and render it capable of carrying telecommunications services. Dark Fiber Transport. An optical transmission facility within a LATA that Verizon has not activated by attaching multiplexing, aggregation or other electronics, between Verizon switches (as identified in the LERG) or wire centers. Dark fiber facilities between (i) a Verizon wire center or switch and (ii) a switch or wire center of Covista or a third party are not Dark Fiber Transport. Dedicated Transport . A DS1 or DS3 transmission facility between Verizon switches (as identified in the LERG) or wire centers, within a LATA, that is dedicated to a particular end user or carrier. Transmission facilities or services provided between (i) a Verizon wire center or switch and (ii) a switch or wire center of Covista or a third party are not Dedicated Transport. Discontinued Facilitv. Any facility that Verizon , at any time , has provided or offered to provide to Covista on an unbundled basis pursuant to the Federal Unbundling Rules (whether under the Agreement, a Verizon tariff, or a Verizon SGAT), but which by operation of law has ceased or ceases to be subject to an unbundling requirement under the Federal Unbundling Rules. By way of example and not by way of limitation, Discontinued Facilities include the following, whether as stand-alone facilities or combined with other facilities: (a) any Entrance Facility; (b) Enterprise Switching; (c) Four- Line Carve Out Switching; (d) Mass Market Switching; (e) OCn Loops and OCn Dedicated Transport; (f) DS 1 Loops or DS3 Loops out of any wire center at which the Federal Unbundling Rules do not require Verizon to provide Covista with unbundled access to such Loops; (g) any DS 1 Loop or DS3 Loop that exceeds the maximum number of such Loops that the Federal Unbundling Rules require Verizon to provide to Covista on an unbundled basis at a particular building Covista 10 TRRO Amendment 1-0ISJ-1 location; (h) DS1 Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber Transport on any route as to which the Federal Unbundling Rules do not require Verizon to provide Covista with unbundled access to such Transport; (i) any DS1 Dedicated Transport circuit or DS3 Dedicated Transport circuit that exceeds the number of such circuits that the Federal Unbundling Rules require Verizon to provide to Covista on an unbundled basis on a particular route; U) Dark Fiber Loops; (k) the Feeder portion of a Loop; (I) Line Sharing; (m) any Call- Related Database other than the 911 and E911 databases; (n) Signaling; (0) Shared Transport; (p) FTTP Loops (lit or unlit); (q) Hybrid Loops (subject to exceptions for TDM and narrowband services (i.e., equivalent to DSO capacity)); and (r) any other facility or class of facilities as to which the FCC has not made a finding of impairment that remains effective, or as to which the FCC makes (or has made) a finding of nonimpairment. DS1 Dedicated Transport . Dedicated Transport having a total digital signal speed of 1.544 Mbps. DS3 Dedicated Transport . Dedicated Transport having a total digital signal speed of 44.736 Mbps. DS1 Loop. A digital transmission channel, between the main distribution frame (or its equivalent) in an end user s serving wire center and the demarcation point at the end user customer s premises, suitable for the transport of 1.544 Mbps digital signals. This loop type is more fully described in Verizon TR 72575, as revised from time to time. A DS1 Loop requires the electronics necessary to provide the DS1 transmission rate. DS1 Loops are sometimes also known as DS1 Links DS3 Loop. A digital transmission channel, between the main distribution frame (or its equivalent) in an end user's serving wire center and the demarcation point at the end user customer s premises suitable for the transport of isochronous bipolar serial data at a rate of 44.736 Mbps (the equivalent of 28 DS1 channels). This Loop type is more fully described in Verizon TR 72575, as revised from time to time. A DS3 Loop requires the electronics necessary to provide the DS3 transmission rate. DS3 Loops are sometimes also known as DS3 Links Enterprise Switchina. Local Switching or Tandem Switching that, if provided to Covista would be used for the purpose of serving Covista customers using DS1 or above capacity Loops. Entrance Facilitv. A transmission facility (lit or unlit) or service provided between (i) a Verizon wire center or switch and (ii) a switch or wire center of Covista or a third party. Federal Unbundlina Rules. Any lawful requirement to provide access to unbundled network elements that is imposed upon Verizon by the FCC pursuant to both 47 U.C. ~ 251(c)(3) and 47 C.R. Part 51. Any reference in this Amendment to "Federal Unbundling Rules" shall not include an unbundling requirement if the unbundling requirement does not exist under both 47 U.C. ~ 251(c)(3) and 47 C.R. Part 51. Covista 10 TRRO Amendment 1-0ISJ-1 4.7. Feeder. The fiber optic cable (lit or unlit) or metallic portion of a Loop between a serving wire center and a remote terminal or feeder/distribution interface. Four-Line Carve Out Switchina . Local Switching that Verizon is not required to provide pursuant to 47 C.R. ~ 51.319(d)(3)(ii). FTTP Loop. A Loop consisting entirely of fiber optic cable, whether dark or lit, that extends from the main distribution frame (or its equivalent) in an end user s serving wire center to the demarcation point at the end user s customer premises or to a serving area interface at which the fiber optic cable connects to copper or coaxial distribution facilities that extend to the end user s customer premises demarcation point, provided that all copper or coaxial distribution facilities extending from such serving area interface are not more than 500 feet from the demarcation point at the respective end users customer premises; provided , however, that in the case of predominantly residential multiple dwelling units (MDUs), an FTTP Loop is a Loop consisting entirely of fiber optic cable, whether dark or lit, that extends from the main distribution frame (or its equivalent) in the wire center that serves the multiunit premises: (a) to or beyond the multiunit premises' minimum point of entry (MPOE), as defined in 47 F.R ~ 68.105; or (b) to a serving area interface at which the fiber optic cable connects to copper or coaxial distribution facilities that extend to or beyond the multiunit premises' MPOE , provided that all copper or coaxial distribution facilities extending from such serving area interface are not more than 500 feet from the MPOE at the multiunit premises. Hybrid Loop.A local Loop composed of both fiber optic cable and copper wire or cable. An FTTP Loop is not a Hybrid Loop. Line Sharina.The process by which Covista provides xDSL service over the same copper Loop that Verizon uses to provide \Oice service by utilizing the frequency range on the copper loop above the range that carries analog circuit-switched voice transmissions (the High Frequency Portion of the Loop, or "HFPL"). The HFPL includes the features, functions, and capabilities of the copper Loop that are used to establish a complete transmission path between Verizon s main distribution frame (or its equivalent) in its serving Wire Center and the demarcation point at the end user s customer premises. Local Switching. The line-side and trunk-side facilities associated with the line-side port, on a circuit switch in Verizon s network (as identified in the LERG), plus the features, functions, and capabilities of that switch , unbundled from loops and transmission facilities, including: (a) the line-side Port (including the capability to connect a Loop termination and a switch line card, telephone number assignment, dial tone, one primary directory listing, pre-subscription , and access to 911); (b) line and line group features (including all vertical features and line blocking options the switch and its associated deployed switch software are capable of providing that are provided to Verizon s local exchange service Customers served by that switch); (c) usage (including the connection of lines to lines, lines to trunks , trunks to lines, and trunks to trunks); and (d) trunk features (including the connection between the trunk termination and a trunk card). Covista 10 TRRO Amendment 1-DISJ-1 7.20 Mass Market Switchina . Local Switching or Tandem Switching that, if provided to Covista, would be used for the purpose of serving a Covista end user customer with DSO Loops. Mass Market Switching does not include Four Line Carve Out Switching. Signalina. Signaling includes, but is not limited to, signaling links and signaling transfer points. Tandem Switchina. The trunk-connect facilities on a Verizon circuit switch that functions as a tandem switch , plus the functions that are centralized in that switch , including the basic switching function of connecting trunks to trunks, unbundled from and not contiguous with loops and transmission facilities. Tandem Switching creates a temporary transmission path between interoffice trunks that are interconnected at a Verizon tandem switch for the purpose of routing a call. A tandem switch does not provide basic functions such as dial tone service. Covista ID TRRO Amendment 1-DISJ-1 IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed as of the Amendment Effective Date. COVIST A, INC.VERIZON NORTHWEST INC. By:BY:c; Printed: John Leach Printed: Jeffrey A. Masoner Title: President & CEO Title: Vice President -Interconnection Services Covista ID TRRO Amendment 1-DISJ.