19

BOYCE, - South Dakota Public Utilities Commission · BOYCE, MURPHY, McDOWELL % GREENFIELD, L.L.P. ... 20 I0 53 2 1 enclosed for tiling are an original and ten ... ITP will carry both

Embed Size (px)

Citation preview

BOYCE, MURPHY, McDOWELL % GREENFIELD, L.L.P. ~','I'-l-(-ll~~f:~'s :\,r I .:lIY.

101 N(~rth Ph~l l~ps :!venue, Su~tr (~01) SIOLIS Iiiills, South LI):lk<ita 571fi-l

I'.(I. nox i o l - i SII ,LIX I;;d15. South Dakota 571 17-501 .i

November 7,2000

ii3i ti1t81411 !$idit~r~i, I r ~ t c u t i ~ e Director VIA UPS OVERNIGHT Ft%iic d.'tilitrcli ("arlnn~issic~n of the State of South Dakota Q @ I l:Jt%;a C*;sprfid tlget11.1c

$5ts;.;rg $ h i > 5'2iiF) j

iPlr. fiiIirtg, rrf ;l'cmcndment No. 4 to tlie Interconnection Agreement between McL,eadL'SA lclcscrnunur~icntio~~s Services, Inc. and Qwest Corporation fkJa U S WEST Conrmunications. Inc.

I; ) a i r I-llr: SU 2 104 078

@~r.atijrj\ i t r *tlPSl) 20 I0 53 2 1 enclosed for tiling are an original and ten ( 10) copies of Arnendlrlent No. 4 % t Lrrac!rc~fnncctiun Agreement between McLeodUSA Telecomrnunicatiuns Sewiccs, lnc,

i ' j 4 i t -s*4ii.4'3) ar~tl Qwest Corporation f/k/a U S WEST Communications, Inc, ("Qwest") for approval by t l ~ c e v . i ~ r t . i i i ~ * , ~ = ~ ~ t 'The rlgreement i s a negotiated agreement with the parties adopting the arbitrated i~ i t ia i ,~ern:a:~~iva~~ agrzcnlenr between McLeodUSA Telecommunications Services, Inc and U S WEST R " r ~ ~ i i ~ : \ i i t \ ~ $ ~ t ~ ) t l ~ , Inc which was approved by the Commission effective July 23. 1999 in Docket No-

, 'J j:~ct' arllcndments have since been filed and approved: 1" and znd amendments approved %~t'g~f$:rjrirrr 3 1 % ?0(11) Docket No TC00-107 and a 3'"amendnrent approved 9/29iCI0 in Docket No i s ; + s j x 3 P $ 1 I'ltr: 4"' Irncndn~ent addresses the terms and conditions of Line Sliari~~p,

$ f c t reirth Itit \ ; t i $ ~ l l ~ > ~ i / ( f - ( i ( J W ~ S I to submit this Agreement on McLeod's behalf.

Sincerely yours,

Thomas J . Welk

b n b ' i e kdkbri% r;i

F 1 8";& J atlr ~ i i ~ n l ~ 1 lariling - McLeod (enclosure letter onlyj %I < kFi~lic~,.tr S~\:old $3 Kiicfiytc B M ~ C L I C ~ I (~11cIosure letter only)

Amendment No. 4 to the lnterconnectisn Agreement Between

&- w- y* ,p - & a r grn McLeodUSA Telecommunications Services, Inc. WgfJ~i a~ J and Qwest Corporation +$3f-gs! ' l+c P;

- *a;;;

f.k.a kl S WEST Communications, Inc. for the state of South Dakota SOgjy! f&t<cg ~ $ 3 P@&Jc f l [ C i r f c - \ % , j ~ / , ~ o i p nu , d@

'This Amendment No. 4 ("Amendment") is made and entered into by and between WIeCsndUSA Telecommunications Services, Inc. ("McLeodUSA") and Qwest Corporation 1 k 8 U § WEST Communications, Inc. ("Qwest").

RECITALS -

PIHEREAS, McLeadUSA and USWC entered into that certain interconnection Agraament for service in the state of South Dakota which was approved by the South Dakota Public Utilities Commission on July 23, 1999 (the "Agreement"); and

WIdEREAS, 44cLeodUSA and Qwest desire to amend the Agreement by adding the taims, conditions and rates contained herein.

AGREEMENT

PdQW THEREFORE, in consideration of the mutual terms, covenants and conditions ~antainad in this Amendment and other good and valuable consideration, the receipt and sufltciency of which is hereby acknowledged, the Parties agree as follows:

%, &mm~cment Terms.

Th~s Ar?lendrnent is made in order to add terms, conditions and rates for Line Sharing as set forth in Attachment 1 attached hereto and incorporated herein,

2+ @ff~Date.

ft-t~s Arnendment shall be deemed effective upon the appropriate state Commission; however, the Parties may agree to implement the provisions of this Amendment upon execution. To accommodate this need, McLeodUSA must generate, if necessary, an updated Customer Questionnaire. In addition to the Questionnaire, all r;yst@rn updates will need to be completed by Qwest. McLeodUSA will be notified when all system changes have been made. Actual order processing may begin once tilase; requirements have been met.

Except as rnadified herein, the provisions of the Agreement shall remain in full force and effect. thither the Agreement nor this Amendment may be Further amended a; a!tered except by written instrument executed by an authorized representative of both Part~es.

i:$~~~i~!~~IPdlAmc144L~nbShi!~~ng-SD doc rt.~iqfidrnsr.i! tn CDS-98Q318-0145

The, Parties intending to be legally bound have executed this Amendment as of the doles set forth below, in multiple counterparts, each of which is deemed an original, but all of which shall constitute one and the same instrument.

Atrthmrized Signature

Qwest Corporation

fhl;V a t-<i.,, Authorized Signature

Attachment 'i Line Sharing

tL Line Sharing

5,1 D@scriptlon

t in@ Sharing provides McLeodUSA with the opporti services simultaneously with an existing end user's %srvice provided by Qwest on a single copper loop "6lhared Loop" or "tine Sharing", by usin bmd on the copper loop. This frequenc High Frequency Spectrum Network Elem separates the voice and data traffic and o i m u l t ~ n ~ o u s data transmission and PO prsrtrl.Sad ta the end user by Qwest.

1.2 Twms and Conditions

4 2 '1 General

1,2.1.? To order the HUNE installed in the provided for in this Secti originating fram a Q must provide the end installation of a splitter, for' the end user t across a single copper loop.

1,2.'1,7, The POTS splitter must meet the requirem equipment ~ollocation set by the FCC or ANSI T I ,413.

1,2,1.3 Mcl-eodUSA may use the HUNE to tisat are compatible that currently are presumed to RADSL, G.1ite and Multiple Virtua the future, additional s oxtent those s deployment under ap

1,2,2 -4 Neither McLeodUSA copper loop if another telecomm using the high frequency spectru unless the end user of that loop or Proof of Authorizatio telecommunications carrier's high-frequ

1 2 1 5 McLeodUSA will be able to request conditioning of Shared I-oops. Qwest will perform requested conclitioning of Shared Loops to remove load coils and excess bridged taps. I f McLeodUSA requests condiiioning and such conditioning significantly degrades the voice services on a loop to the point that it is unacceptable to the end user, McLeodUSA shall pay the conditioning rate set forth in Exhibit A for the loops to be restored to their original state.

1 2 f .6 Q w e ~ t will provide McLeodUSA with access to the HUNE through POTS splitters installed in Qwest Wire Centers. POTS splitters may be installed in Qwest Wire Centers in either of the following ways at the discretion of McLeodUSA: (a) via the standard Collocation arrangements set forth in the Collocation Section; or [b) via Comnion Area Splitter Collocation as set forth in this Section. Under either option, POTS splitters will be appropriately hard-wired or pre-wired so that Qwest is not required to inventory more than two points of termination.

1.2,1.7 McLeodUSA will provide Qwest with non-binding, good faith, rolling quarterly forecasts for Shared Loop volumes on a Wire Center-by-Wire Center basis. McLeodUSA will also provide an eighteen (18) month, non-binding, good faith, quarterly forecast to Qwest in thirty (30) calendar days after the signing of this Agreement.

1 2 2 Mcl,oodUSA Collccation Area Splitter

?,2.2.3 11 McleodUSA elects to have POTS splitters installed in Qwest Wire Centers via the standard Collocation arrangements set forth in the Collocation Section, McLeodUSA will be responsible for purchasing the POTS splitters. McLeodUSA also will be responsible for installing and maintaining POTS splitters in its Collocation areas within Qwest Wire Centers.

1,2,2,2 McLeodUSA may designate some or all of its existing DSO TIE Cable terminations for use in connection with Line Sharing, Qwest will perform any necessary DSO TIE Cable termination reclassifications, frame re-stenciling, and related work for which it is responsible and that is required to provision Line Sharing, Charges will apply pursuant to this Section of the Agreement,

1 2 - 2 3 McteodUSA may choose to have Qwest provide the cabling used for DSO TIE Cables for Line Sharing subject to a charge that will cover the cost of cabling, plus any additional pass through vendor invoice costs such as applicable state taxes, shipping and handling inct~rred by Qwest. In the alternative, McLeodUSA may provide all such cabling to Qwest. Qwest will not be responsible for any inability to obtain cabling from vendors because 04 equipment shortages or equipment delays.

needed to connect ITP will carry both

frame. From this

McLeodUSA's

McLeodUSA's network voice and data loop is distribution frame.

Common Area Splitter Collocation

1,2,3,2 Two ITPs,

the second and third TIE

~LinsGharing-SD.doc '$*9~0318=014S

1.3.3.5 In the event McLeodUSA, or Qwest acting as purchasing agent for McLeodUSA, is unable to procure any equipment needed to complete all work required by applications submitted to Qwest by McLeodUSA, including but not limited to, POTS splitters or cabling, Qwest will install the subject equipment when it becomes available, If Qwest is acting as purchasing agent for McLeodkJSA and is unable to procure equipment to complete all work in a timely manner, McLeodUSA may provide Qwest with the subject equipment. McLeodUSA will be notified by Qwest of the reqbired material on-site date for the affected Wire Centerfs) and McLeodUSA will have two (2) business days to determine if it will be able to provide the subject equipment in advance of the matenal on-site date. If McLeodUSA does not notify Qwest in itaErKing af its intent to provide the subject equipment within this No r2 j busmess day period, or if the subject equipment in a Zkm%jy manner Qwest will install the subject equipment when avai'iabie.

L ; S~a:tb k o ~ p Charge - A monthly recuning cirarge for the use of .,n * .- -d SFdred heap %vifl appi y,

: L - 4; '", 355 Gb.a:ge - A mafrtb?~ recurring charge to rewvccr upgrades 19 Q i s ? Opra%&nah Siippost Systems required ts accsminz&ailte i ~ r e S~~GECJ #i*fi# ap@y

A 2 Me?-Retdrnng iiates far the Shared Loop

I c 2 3 Basic instalianon Charge for Shared Loop - A non-recurilog charge for each Shared Loop installed will. apply-.

1.4 2 2 if McCeodUSA requests conditioning of a Shared Loop, a nan- recurring conditioning charge specified rn Exhibit A w~ll appiy far removal of load coils and excess bridged taps- i f the wndi6oning significantly degrades the voice services on the loop to the,potrpt II is unacceptable to the end user, McLeodUSA shall pay the conditioning charge in Exhibit A to recondition the loop,

7 4 3 Non-Recurring Rates for Tie Cable Reclassification

1.4.3.1 Reclassification Charge - A non-recul.ring charge will apply, based on time and materials for reclassification of existing TIE cable capacity, by among other things, reclassification of existing TIE cables for Line Sharing, frame restenciling, and any other work performed between McLeodUSA's callocation and the intermediate distribution frame required to provision Line Sharing.

9 ' 4 4 Non-Recurring Rates for Maintenance and Repair

1,4.4,1 Trouble Isolation Charge - A non-recurring charge for Trouble isolation will be applied as set forth in Exhibit A.

1.4.4.2 Additional Testing - McLeodUSA may request Qwest to perform additional testing, and Qwest may decide to perform the requested testing on a case-by-case basis. A non-recurring charge will apply.

1 . 4 5 K;ates for Common Area Splitter Collocation

1.4.5.1 Splitter Shelf Charge - This charge recovers installatian and ongoing maintenance associated with splitter installation, bay installation, lighting costs, aerial support striictures and grounding charge for splitters either in a bay, on the IDF, or on the MDFICOSMIC. These are both recurring and non-recurring charges.

1.4.5.2 POTS Splitter Charge - A non-recurring charge will apply for the cost of each POTS splitter purchased by Qwest on behalf of McLeodUSA. This charge will cover the cost of the POTS splitter, plus any associated costs incurred by Qwest to order the POTS splitter.

I 4.6 POTS Splitter TIE Cable Connections Charge - A non-recurring charge will apply for the cost of each TIE Cable connected to the POTS splitters. This charge will cover both the TIE cables and associated blocks per 100 pair between the POTS splitter and the intermediate distribution frame or splitter bay,

1 4.7 The rates for each of the aforementioned Line Sharing rate elcmentsrare set forth in Exhibit A. All of these rates are interim and will be subject-to true up based on either mutually agreed to permanent rates or permanent rates established in a Line Sharing cost proceeding conducted by the Commission. In the event interim rates are established by the Commission before permanent rates are set, the interim rates set forth in Exhibit A will be changed to reflect the interim rates set by 'the Commission: however, no true up will be performed until mutually agreed to permanent rates are established or permanent rates are set established by the Commission.

1,s O~darirzg Process

1 5.'1 Shared Loop

1.5.1,l As a part of the pre-order process, McLeodUSA can access toap characteristic information through the Loop Information Tool described in the Support Functions Section. McLeodUSA will determine, in its sole discretion and at its risk, whether to order the HUNE across any specific copper loop, Qwost and

i)qiiy , ; -t a,7~bsl~knU14-t~neSharlng~SD ..P doc i;,;,.iw.aag?ettl13 CRS-$9031 B-0145

McLeodUSA will work together to mcldify the Loup Informatior; Tool to better support Line Sharing.

1.5.1.2 The appropriate Splitter Meet Points dedicated to the POTS splitters will be provided on the Line Sharing Actual Point of Termination (APOT) from one day prior to the ready for service date or at an interval ordered by the Commission or further agreed to by Qwest and McLeoclUSA iri writing. McLeodUSA will provide on the LSR, the appropriate frame terminations which are dedicated to POTS slplitters. Qwest will administer all cross connects/jumpers on the COSMICIMDF and ICDF.

1 5.1.3 Basic Installation "lift and lay" procedure will be used for ali Shared Loop orders. Under this appraach, a Qwest technician "lifts" the Loop from its current termination in a Qwest Wire Center and "lays" it on a new termination conne~ting to Mcl,eodUSA1s Collocated equipment in the same Wire Center,

I .5.1.4 Qwest will provision the Shared Loop within the standard unbundled loop provisioning interval at least 90% of the time as set forth in the Interval Guide for Resale and Interconnection Services.

1.5.1.5 McLeodUSA shall not place orders for Shared Loops until all work necessary to provision Line Sharing in a given Qwest Wire Center, including, but not limited to, POTS splitter installation and TIE Cable reclassification or augmentation has been completed.

1.5.2 Common Area Splitter Collocation

I .5.2.1 This section only applies to situations where McLeodUSA orders placement of the splitter in a common area,

4.5.2.2 New POTS splitter shelves may be ordered via a single Collocation application form and quote preparation fee.

1.5.2.3 New POTS splitter shelves may be ordered with an existing Collocation. McLeodUSA must submit a new Collocatiwn application form and the applicable fee to Qwest,

1-5 3 TIE Cable Reclassification

1 5.3.1 To the extent McLeodUSA has existing DSQ TIE Cable terminations extending from an intermediate distribution frarne to its Collocation space, McLeodUSA may request that these existing DSO TIE Cable terminations be reclassified for use with Line Sharing. McLeodUSA shall request such reclassification through the same process used to order new terminations.

r:ir ~$,i-=:r;b~~134.Lme!inar1ng-SD doc Aar~,4,?t?:rr?jr*~G ra CDS-99CJ3 18.01 45

1+8 Rapair and Maintenance

3 6 '1 Qwest tvill ailow McLeodUSA to access Sha where the combined voice and data loop is POTS splitter.

1 , E 2 Qwest will be responsible for Shared Loops and the physical at end user premises and t Centers. Qwest will also be prenises in accordance with maintenance agreements, if McL.eodUSA will be iespon Shared Loops. Qwest a maintaining its equipment. will be responsible for their maint

*! .6.3

1.6.3.1 If an end user

closure.

respective end users.

'1.6.3.3 Qwest will test for electrical f voltage) on Shared Loops in re by McLeodUSA. When tro McLeodUSA, and such trouble 1s opens, shorts, andlor foreign voltag will assess McLeodUSA the TIC Ch

1,6.3.4 When trouble reported by McLeodUSA i by tests for electrical faults (e.g. opens,

voltage), Qwest may perform additional testing at the request rrf McLeodUSA on a case-by-case basis. McLeodUSA may request that Qwest perform additional testing and Qwest may decide not to perform requested testing where it believes, in good fatth. that additional testing is unnecessary because the test requested has already been performed or otherwise duplicates the results of a previously performed test. In this case, Qwest will provide McLeodUSA with the relevant test results on a case-by-case basis. If this additional testing uncovers electrical fault trouble (e.g. opens, shorts, and/or foreign voltage) in the portion of the network for which Qwest is responsible. McLeodUSA will not be charged by Qwest for the testing. If this additianal testing uncovers a problem in the portion of the network for whtch McLeodUSA is responsible, Qwest will assess the appropriate miscellaneous charge.

1 G 4 When POTS splitters are installed in Qwest Wire Centers via Common Area Splitter Collocation, McLeodUSA will order and install additionat splitter cards as necessary to increase the capacity of the POTS splitters. McLeodUSA will leave one unused, spare splitter card in every shelf to be used for repair and maintenance until such time as the card must be used to fill the shelf to capacity.

1 6 5 When POTS splitters are installed in Qwest Wire Centers via standard Collocation arrangements, McLeodUSA may install test access equipment in its Collocation areas in those Wire Centers for the purpose of testing Shared Loops. This equipment must meet the requirements for Central Office equipment set by the FCC.

1 6 6 Qwest and McLeodUSA will work together to address end user initiated repair requests and to prevent adverse impacts to the end user,

j.7 Other

I 7 1 Qwest and McLeodUSA agree to work together to address and, where necessary and possible, find solutions for the following t ine Sharing rmplementation issues: (i) the development of an effective phased process for handling McLeodUSA orders for the HUNE; which reflect different end user action scenarios including but not limited to; end user changes or disconnects data service provider andlor end user orders new voice and data service simultaneously; (ii) Qwest's ability to handle the exsting and forecasted volume of CLEC orders for the HCJNE; (iii) Qwsst's ability to make loop assignments for the existing and forecasted volume of CLEC orders for the HUNE; (iv) the ability of Qwest and McLeodUSA to coordinate repairs; (v) the experience and education of the Shared Loop erid user; (vi) McLeodUSA's forecasts of HUNE orders; and (vii) the process for conditioning Shared Loops by removing load coib and excess bridged taps; and t he ability of McLeodUSA to order a HUNE ro serve erid users over fiber-f€d loops, including bops comprised of digital ioop carrier facilities.

:)u:0:iri64 Ir~b/&rna.f.ClneS hanng-SD doc i"iiiaii3:rsl~t to SOS-890318-0145

I;uiB~Q.YI3ijilhaiAmd4~L1ntiS1iating-S doc i@fi9f!%f1'~ftf li:! @C)S4i)Q31!$0145

South Dakota Public Utilities Commission

WEEKLY FlkllklGS For the Period of November 2,2800 through November 8,2000

tf yau naed a complete copy of a filing faxed, overnight expressed, or mailed to you, please contact Defirlne Kolbo within five business days of this filing, Phone: 605-773-3705 Fax: 605-773-3809

ELECTRIC

EL00-032 In the Matter of t h e Filing b y Otter Tail Power Corrlpany f ~ r Approval of a Contract with Deviations with the City of Gary.

;%rk~>itcwbffrt by Qtter Tail Power Company to renew street lighting contract ~ r i t i i the cify of G axpitauon of existing contract.

%nlI P,r~%lyc;t: Dave Jacobson Slitff Attnr'noy: Kelly Frazier' Date F~ledr 11/6/00 4ntx?rvoritiofl Deadline: MA

TCi851-176 In the I1Siarfter of the Application of NewSouth Communications Corp. for a Certifidate of Authority to Provide Telecommunications Services in South Dakota.

Atrpi3s;altan by NewSouth Communications Corp. for a certificate of authority to provide intrastate i i ' t t e re~~h~nge tofs~omrnunications services in South Dakota including message toll service, Travel Card and operator assisted services by reselling the services of underlying carriers.

e4rrafymt: Dave Jacobson Sznf: AtZ@rrrmy, Kelly Frazier D~P3trt FIlsd: 1 1 R/00 It?tt%wa;?tion Deadlina: 11/24/00

TCOO-237 In the Matter of the Application of USA Digital Communications, Inc. csf Authority to Provide Telecommunications Services in South Dak

USA Dtgttsl Carnmunications, Inc, is seeking a Certificate of Authority to provide r l~4eccrrnmuntcatian services In South Dakota, The applicant intends to offer switc ?ismicas to business and residential customers.

3t;la3tAr3alyst: I-foith Senger Staff fitlorn~y: Kslly Frarier b;ik B~cjC@t@d, 1 1 r'06100 (nie.nre~hnn Daadline: 11 /24100

1"CDOT"138 On the Matter of the Filing by QwesP Corporation for Approval 05 Pierre-Fort Pierre Locality Special Rate Area Map,

Bwo%! Catpurntra~ has filed with the Public Utilities Commission a revision to its Pierre-Fort Pierre Locality $f5;8ei?rl Rat@ Area Map. The territory being removed from the Qwest Pierre-Fort Pierre exchange wll now

be in the Golden West exchange territory a

Staff Analyst: Michele Farris Staff Attorney: Kelly Frazier Date Docketed: 11 /8/00 Interwention Date: 11/24/00

TCOB-l79 In the Matter of the Application of Teta$>!~nti& A-%'5@,s,i&%lb~. ~ 1 . ~ %+s + ~ d ~ * * ~ P + r ~ r ~ * * *$ Authority to Provide Teiecammujlicatrens 8ehiggy T ~ T ikakpb3 $944 -x:e

On November 8,2000, the Commissio Certificate of Authority to provide intera to offer direct dial outbound and inbou and business customers, utilizing swi

Staff Analyst: Dave Jacobson Staff Attorney: Kelly Frailer Date Docketed: 11/8/00 Intervention Deadline: 11/24/00

In the Matter of the Filing for Appravaf at s Feluqh ~wles6@*9$ &$m iji!dq+<~-w~-&~eb?-~~%,

Agreement between Qwest C~rpekrixi\~t\ and #&e;.Br.ttic$sf%& F + ~ ~ ~ . t l i ~ r c x + ~ ~ y W k * i ~

Services. Inc.

An Amendment No. 4 to the Int McLeodUSA Telecommunicati The agreement is a negotiated agreement between McLeod a July 23, 1999 in Docket No. T and second amendments were amendment was approved on S the terms and conditions of line filing written comments with the Co 2000. Parties to the agreement may the senrice of the initial comments.

* The application indicates that TCQY indicate it too was a negotiated agree

Staff Attorney: Kelly Frazier Date Docketed: 11/08/00 Initial Comments Due: 11/29/00

An Amendmerit No. 1 to the lnte Communications Company, L.P. negotiated agreement with the pa and Qwest flWa U S WEST which Docket No. TC97-149". Amendm wishing to comment on the ag parties to the agreement no later responses to the comments no la

a *A% - 3 ,;r. aopl:c,Ejl13n indrcates that TC97-149 was an "arbitrated interconnection agreement'" but records

i-rf.rtrtr_p 11 ftr3 &AS a negotiated agreement.

3 ~ 4 : Ma:rey Kelly Ftaster 3 % : ~ 3:1;;ksr-~d ? 1158100 :i~;:s&: $>-~r?~e~tts Drse: 1 : 1'29100

"6$8*182 In the Matter of the Filing for Approval of a Agreement between Qwest Corporation and Metworks.

" ;'att an:~;.iir;ltrrin rntficates that TC99-109 was an "arbitrated interconnection 9"+J,::a:r. rt fm wa!; a nc~otiafed agreement.

$:$k!f i;q[;;rri:y fC01ty Frazier 3:1\& a%ct@irtrf t 11DBIDQ iq'diibi % $ ~ t . r ? ~ l & I l ~ DUO: I E9100

' fg~, : f~ i+g? rarjcaive this listing and other PUC publications via our website raai may $zrb~c=rihe ar unsubscribe to the PUC mailing kts at http:li

BEFORE THE PUBLIC UTILITIES COMMlSSLBN OF THE STATE OF SOUTH DAKOTA

IN THE MATTER OF THE FILING FOR ) ORDER APPRQVtNG APPROVAL OF A FOURTH AIVENDMENT TO ) FlOUFtTH AMENDhIENT TO AN \NTERCOPdNECTIOM AGREEMENT 1 AGREEMENT BEWEEN QWEST COWPO~TION AND ) k4CLEODUSA TELECOMMUNICATIONS ) TCOO-I 80 SERVtGES, iNG.

6 n November 8, 2000, Qwest Corporation (Qwest) filed for approval by the South Dakota P31&i/1: \Jfililies Conimission (Commission) a fourth amendment to an interconnection agreement rratwsen McLeodlJSA Telecommunications Services, Inc. (McLeod) and Qwest. The fourth @.m%l'rdnE?nt addresses the terms and conditions of line sharing.

On Novarnber 9, 2000, the Commission electronically trarismitted notice of the firing of the faurtPz ~rrx?ndment to interested individuals and entities. The notice slated that any person wishing ra can.lmant on the parties' request for approval had until November 29, 2000, to do so. No esinr?ienils were filed.

At its duly noticed January 4, 200'1, meeting, the Commission considered whether to approve tfrs n@gotrated fourth amendment to the agreernent between Qwest and McLeod. Commission Staff rt~mr%tmr,nded its approval.

Tha Cornmrssion has jurisdiction over this matter pursuant to SDCL Chapter 49-31, and-the Fadc~rzil 'Telecommunications Act of 1996. In accordance with 47 U.S.C. § 252(e)(2), the kTamrni%%ian found that the fourth amendment does not discriminate against a telecommunicatians ~~r r j a f " ihat is nut a party to the fourth amendment and the fourth amendment is consistent with the pubtlc interest, convenience, and necessity. The Commission unanimously voted to approve the r"ourif\ amendment to the agreement. It is therefore

CIRDERED, that the Commission approves the negotiated fourth amendment to the figracjmant as described herein.

/

Baled at Pierre. South Dakota, this i C &day of January, 2001.

CERYlFlCATE OF SERVICE

T)to ~~ndarslgned hereby oerilfies that thls :$zii$n:nwrt he3 men served today upon all parties of vezard 10 lhts dwkol, as llstod on the docket service $let Ry lacsrrnile or by lirst class marl, in properly aii(lreu&fia anveiopcs, w~th charges prepaid thereon

BY ORDER OF THE COMMISSION:

PAM NELSON, ,/ Commpsioner