Wholesale: Products & Services

Open Product/Process CR PC032409-1 Detail

Description Of Change

Project Meetings

Susan Lorence-Qwest said this became effective on 7/23/09 and we would like to close. Bonnie Johnson-Integra said Qwest implemented this CR over their objection. Bonnie said that they think this violates an order and would close over their objection too.

7/15/09 Product/Process CMP Meeting

Mark Coyne-Qwest said the level 4 announced on 6/8/09 and will become effective on 7/23/09. We will revisit in the August CMP meeting.

6/17/09 Product/Process CMP Meeting

Mark Coyne-Qwest said that the level 4 announced on 6/8/09 and will become effective on 7/23/09.

5/20/09 Product/Process CMP Meeting

Mark Coyne-Qwest said that the level 4 notice will be sent out 6/1/09 with a tentative effective date of 7/16/09.

4/15/09 Product/Process CMP Meeting

Joan Wells-Qwest said that this was presented last month and a request was made to change the level. Joan said that we are correcting the expedite PCAT to remove UDF as an Expedite offer and to synch it up with the main PCAT that does not accommodate expedites. Joan said that there are no provisions or rates for expedites with the new Commercial Agreements. She said that Qwest wants to synch up the method and move forward with correcting the expedite PCAT. Bonnie Johnson-Integra said that Integra requested that the level 1 be retracted. Bonnie said that if Qwest wanted to make this change, it is a limitation to a product, not a correction and they don’t agree with this change on any level. Bonnie said that Qwest said that all products are included in the expedite list. Bonnie said they believe that for those CLECs that have an expedite agreement that refers to the PCAT, Qwest is making changes to the terms in their ICA. She said she hoped Qwest was reviewing the Arizona order to determine if Arizona specific language is needed for this. Bonnie said that when Qwest submits the redline change, they will be commenting. Joan Wells-Qwest said that she appreciated their comments and that the contract language does refer to the product/process that are pre-approved in the PCAT. She said that she didn’t have the history on the initial implementation of the expedite PCAT but did understand from the product managers that UDF is ordered through the Commercial Agreement and is not part of the ICA. She said that the Commercial Agreement does not accommodate expedites for UDF and this is why this is being done. She said that we have not had any expedites on UDF and that was not sure if you could order UDF on a standard ICA and that you have to have a Commercial Agreement. Bonnie Johnson-Integra said that Dark Fiber is still available in some cases under the ICA. Julia Redman-Carter-PAETEC said that (4/24/09 Comments to minutes received from PAETEC) she wanted clarification in general on when they have information in an ICA that cross references to a PCAT, i.e. expedite, amendments what is Qwest’s position. Is it Qwest’s position that when the PCAT or tech pub change, Qwest can do that without an amendment and just with a level 4 CMP process. Julia asked if it was Qwest’s position that they can unilaterally change (4/24/09 Comments to minutes received from PAETEC) material terms without their agreement in the process. Mark Coyne-Qwest asked if PAETEC was referring to the cross reference from an agreement. Julia Redman-Carter-PAETEC said that she was referring to an ICA, not Commercial, but a regulated agreement. Julia said that she is questioning in general and was using the UDF /expedite as the example. She said that (4/24/09 Comments to minutes received from PAETEC) in expedite amendment the language cross references the applicable items that are listed in the PCAT. Julia said that she believed the items in the PCAT at the time the amendment was signed are what they are. She said that those items are material terms that can’t be change unilaterally by Qwest without CLECs having an opportunity to challenge and agree. She asked if in a situation where there is something that Qwest wants to change in the PCAT, does Qwest feel that issuing a level 4 in CMP is sufficient to make the change and does does Qwest feel it is binding whether CLECs agree or disagree. Mark Coyne-Qwest said that we will follow up on this question and provide a response in the minutes. Mark said that the product/process SME would look at that before making the change and would get that agreement. Julia Redman-Carter-PAETEC said that she was trying to understand if this (4/24/09 Comments to minutes received from PAETEC) type of changes that impact material terms in the ICAs is something that goes through CMP or is it some other separate process. Mark Coyne-Qwest said that we understand PAETECs question and will provide a formal response in the minutes. Joan Wells-Qwest said the expedite PCAT does refer to their terms and conditions in the ICA. She said that if their ICA specifically states that you can expedite UDF, then we can’t change the PCAT. She said that we can change the PCAT overall but if you have that language you would not be affected. Joan said that contract language is not specific down to the product level. Mark Coyne-Qwest said that generally speaking anything that we change in the PCAT can’t override the ICA. Julia Redman-Carter-PAETEC said that their ICAs can’t be changed unless they have an agreement in writing and both parties have to sign it. Julia said that if there is an amendment (4/24/09 Comments to minutes received from PAETEC) such as the expedites Amendment, stating how this is treated etc. or identifying, the products this applies to are listed in the PCAT. Julia said that if Qwest changes that list in the PCAT, they have to amend their agreement to incorporate that change in the PCAT for that product. She said that in the past, Qwest has said they are going to change the PCAT via the CMP level 4 process and that the ICA is automatically amended and they are bound to it. She said that she wants to understand Qwest’s position going forward. She said that with the tech pub changes they have that cross referenced in their agreement and they also have language that says that material terms can not be unilaterally changed so it can’t be changed without agreement by both parties. Julia said that they want clarification on Qwest’s position about changes that are documented where Qwest has unilateral control over a document that reference material terms of the ICA in their agreement. She asked if it was Qwest’s position tthey make these changes this through CMP or that Qwest must amend the agreement to effectuate the changes. She said that she keeps going back and forth on different pieces and wants to understand the process. She said that she is negotiating ICAs and this is a big deal as to what they are going to allow to reference or cross reference in the ICA. Mark Coyne-Qwest said that we understand PAETEC’s clarification and will provide a response