*Pages 1--19 from C:\Pdf2Text\Ready4Text_in\pdf\31744.pdf* 1 2 ATTACHMENT A 3 A Ac cc ce es ss si ib bl le e Date: September 29, 2003 Number: CLECAM03- 325 Effective Date: September 29, 2003 Category: Interconnection Subject: (COLLOCATION) Collocation Power Amendment Offering – IN, OH Related Letters: CLECAM03- 324 Attachment: NA States Impacted: Indiana, Ohio Response Deadline: NA Contact: Collocation Account Manager Issuing SBC ILECS: SBC Indiana and SBC Ohio Conference Call/ Meeting: NA This Accessible Letter notifies Indiana and Ohio CLECs of an offer by SBC Indiana and SBC Ohio to enter into an interconnection agreement amendment regarding monthly recurring collocation DC power rates and billing procedures. The form of the amendment is attached. A summary of the offer is set forth below. Nothing in this Accessible Letter shall be deemed or considered an admission on the part of SBC Indiana and/ or SBC Ohio as to, or evidence of, the unreasonableness of the rates and/ or elements for collocation DC power in Indiana and Ohio, or of the manner in which SBC Indiana and/ or SBC Ohio have applied or billed such rates, or any other aspect of their collocation power billing, nor shall anything in this Accessible Letter restrict SBC Indiana’s and/ or SBC Ohio’s rights with respect to arguments or positions either may take in any pending or future proceedings. Nothing in this Accessible Letter shall affect SBC Indiana’s and/ or SBC Ohio’s rights, claims, arguments, or positions with respect to collocation power billing. Indiana and Ohio Collocation Power Amendment SBC Indiana and SBC Ohio are offering an amendment in the attached form, which provides that if a CLEC represents and warrants that it will at no time draw more than 50% of the combined ordered capacity of the leads (in amperes or AMPs) that are fused for a collocation arrangement (the aggregate ordered capacity of all fused leads for that arrangement, e. g., all “A” AMPs and all “B” AMPs), SBC Indiana and/ or SBC Ohio shall prospectively bill the CLEC for DC collocation power at a monthly recurring rate of $9.68 per AMP applied to fifty percent (50%) of the combined ordered capacity that is fused. 1 By way of example, where a CLEC has ordered and SBC Indiana and/ or SBC Ohio has provisioned two (2) twenty (20) AMP DC power leads that have been fused (for a combined total of forty (40) AMPs), based upon the CLEC’s representation and warranty, SBC Indiana and/ or SBC Ohio shall bill the CLEC the monthly recurring charge of $9.68 per AMP multiplied by a total of twenty (20) AMPs (i. e., $193.60 per month). 2 1 For those CLECs that operate under an effective interconnection agreement, but are purchasing a collocation arrangement( s) pursuant to a tariff offering Section 251( c)( 6) collocation, the provisions of the offered amendment shall apply only to DC collocation monthly recurring power charges. In all other respects, the tariff would otherwise continue to apply to that arrangement( s). 2 As set forth in Accessible Letter CLECAM03- 324 dated September 29, 2003, effective April 1, 2003, SBC Midwest prospectively implemented an engineering policy of fusing CLEC DC power leads at 125% of the capacity actually requested by the CLEC. Thus, to the extent power leads were installed, or at the CLEC’s request, refused after April 1, 2003, each 20 AMP lead in the example would actually be fused at 25 AMPs, for a total fused amperage of 50 AMPs, but the CLEC would be billed the monthly recurring charge for only 20 AMPs under the amendment. 4 The amendment also provides that, to the extent SBC Indiana and/ or SBC Ohio are billing a CLEC monthly recurring rates for collocation DC power elements with respect to DC power lead( s) for which a fuse has not been installed (a “non- fused lead”), SBC Indiana and/ or SBC Ohio shall prospectively cease billing for such non- fused leads if a CLEC, in writing, provides its SBC Indiana or SBC Ohio collocation account manager with notice and specific information to identify those leads claimed to be “non- fused” so to allow SBC Indiana and/ or SBC Ohio to confirm that status and cease billing. With respect to the rate and billing procedures offered by the amendment, in any instance in which a CLEC requests and signs the amendment within sixty (60) days of issuance of this Accessible Letter, such rate and billing procedure shall be effective as of the date of this Accessible Letter. Any amendment (including an MFN into an agreement/ amendment) executed after sixty (60) days of issuance of this Accessible Letter shall become effective only upon execution and approval of the state commission in the ordinary course, and the rate and billing procedure set forth above shall apply prospectively only from the amendment approval date. With respect to the non- fused lead billing procedure offered by the amendment, in any instance in which a CLEC requests and signs the amendment within sixty (60) days of issuance of this Accessible Letter and also provides SBC Indiana and/ or SBC Ohio the specific written notice required under the amendment within such sixty (60) day period, such provision shall be effective for all qualifying leads contained in that notice as of the date of this Accessible Letter. Otherwise, if the CLEC fails to provide the required written notice for some or all qualifying leads within such sixty (60) days, SBC Indiana and/ or SBC Ohio shall cease billing prospectively for any “non- fused” leads contained in such notice beginning the day after receipt of the required notice or on the effective date of the amendment, whichever occurs later. The amendment provides that the rate and billing procedure set forth in the amendment shall remain effective until such time as the IURC and/ or PUCO, respectively, establish, after the date of this Accessible Letter, in a cost proceeding establishing rates for collocation provided under 47 U. S. C. § 251( c)( 6) applicable to all requesting telecommunications carriers, the monthly recurring rate( s) and billing procedure (i. e., rate application) for SBC Indiana’s and/ or SBC Ohio’s collocation DC power, or until expiration or termination of the term of the amendment (which shall be tied to the term of the CLEC’s underlying interconnection agreement), whichever is first. By executing such amendment, both parties relinquish any right, during the term of the amendment, to a different rate and billing procedure from the date that the rate and billing procedure set forth above begins to apply between them, until such time as the IURC and/ or PUCO, respectively, establish, after the date of this Accessible Letter, in a cost proceeding establishing rates for collocation provided under 47 U. S. C. § 251( c)( 6) applicable to all requesting telecommunications carriers, the monthly recurring rate( s) and billing procedure for SBC Indiana’s and/ or SBC Ohio’s collocation DC power. The amendment, however, shall not affect either party’s rights, positions, or arguments with respect to collocation power billings prior to the effective date of the rate and billing procedure provided under the amendment. SBC Indiana and SBC Ohio reserve the right, under the terms of the amendment, to periodically inspect and/ or test the amount of DC power a CLEC actually draws and, in the event the CLEC is found to have breached the representations and warranties under the amendment, to pursue remedies for breach of the amendment and the parties’ interconnection agreement. This summary is for information purposes only, and the amendment executed by the parties shall control in all respects. To the extent a CLEC chooses not to execute the amendment, SBC Indiana and/ or SBC Ohio shall continue to bill such CLEC for one hundred percent (100%) of the combined ordered capacity of the leads installed to the CLEC’s collocation space (including any “non- fused” leads, where applicable), utilizing the monthly recurring rates for collocation DC power elements as set forth in the parties’ interconnection agreement or the governing tariff, whichever is applicable. 5 For instructions about how to obtain this amendment, a CLEC should contact its collocation account manager. IN Collo Power Amendment - 9- 29- 03 final. pdf OH Collo Power Amendment - 9- 29- 03 final. pdf 6 INDIANA DRAFT COLLOCATION POWER AMENDMENT 7 8 9 10 11 OHIO DRAFT COLLOCATION POWER AMENDMENT 12 13 14 15 16 ATTACHMENT B 17 A Ac cc ce es ss si ib bl le e Date: September 29, 2003 Number: CLECAM03- 324 Effective Date: September 29, 2003 Category: Interconnection Subject: (COLLOCATION) Notification of 125% Fusing Practice for Collocation Power Related Letters: NA Attachment: NA States Impacted: Illinois, Indiana, Michigan, Ohio, Wisconsin Response Deadline: NA Contact: Collocation Account Manager Issuing SBC ILECS: SBC Illinois, SBC Indiana, SBC Michigan, SBC Ohio and SBC Wisconsin (collectively referred to for purposes of this Accessible Letter as “SBC Midwest Region 5- State”) Conference Call/ Meeting: NA This Accessible Letter notifies CLECs in the SBC Midwest Region 5- State that, effective April 1, 2003, SBC Midwest Region 5- State prospectively implemented an engineering policy of fusing CLEC DC power leads at 125% of the capacity actually requested/ ordered by the CLEC. By way of example, if on or after April 1, 2003, a CLEC ordered two (2) 20 AMP DC power leads for a combined total amperage of forty (40) AMPs, each lead is fused at twenty- five (25) AMPs, for a combined total fused amperage of fifty (50) AMPs. This procedure was implemented in order to provide additional protection for SBC Midwest Region 5- State’s network. CLECs have not been and will not be billed for any of the additional amperage fused based upon the revised policy. This policy has been implemented on a prospective basis only. CLEC DC power leads ordered and installed prior to April 1, 2003, were fused at the amperage actually ordered by the CLEC, and remain fused at such levels. To the extent a CLEC has questions with respect to this prospective policy it should contact its collocation account manager. 18 19