20050331Motion for Emergency Relief.pdf

LY'1c' r~ , r" \ :_= 0BEFORE THE IDAHO PUBLIC UTILITY COMMIS~(6Nr-
i 'c_
.. ,- '--"
IN RE:
PETITION OF MCLEODUSA
TELECOMMUNICATIONS SERVICES
INC., FOR ENFORCEMENT OF
INTERCONNECTION AGREEMENT
WITH QWEST CORPORATION
L,....a
.....',,
1""
""'
' UHJ t n
"j'
L..,
. .
\ ; r:L:
~" ," ~::: ,
: i
' .
UIILI1;ES CD -
Docket No. tJlfr ~-r -as -0
MCLEODUSA TELECOMMUNICATIONS SERVICES, INC.,
MOTION FOR EMERGENCY RELIEF
McLeodUSA Telecommunications Services, Inc. ("McLeodUSA"), through its
undersigned counsel, and pursuant to Idaho Code ~ 61-501 , moves the Idaho Public Utility
Commission ("Commission ) for emergency relief. This Motion seeks emergency consideration
of the McLeodUSA Petition for Enforcement of Interconnection Agreement with Qwest
Corporation ("Qwest"
) ("
Petition ) filed concurrently herewith.
As explained in greater detail in the Petition, McLeodUSA is seeking relief in a dispute
between McLeodUSA and Qwest over Qwest's right, under the interconnection agreement
between McLeodUSA and Qwest and approved by this Commission, to demand a security
deposit from McLeodUSA for services provided under the agreement, and to discontinue
services to McLeodUSA should McLeodUSA not comply with Qwest's demand by 5 pm
Mountain Standard Time on April 1 , 2005. Qwest demanded on March 21 2005, that
McLeodUSA pay more than $15.9 million to Qwest within 10 days-$971 ,870.45 in Idaho
alone--or Qwest will "suspend order activity" and "disconnect services" provided to
McLeodUSA.
McLeodUSA seeks an order from this Commission that Qwest may not demand a
security deposit and that Qwest may not "suspend order activity" or "disconnect services" until
all procedures for dispute resolution in the interconnection agreement have been satisfied.
Because Qwest has threatened to "suspend order activity" and "disconnect services" on April 1
2005 , McLeodUSA asks this Commission to provide McLeodUSA with its requested relief on an
expedited, emergency basis.
The Commission has the authority to grant the emergency relief requested by
McLeodUSA. Qwest has threatened to terminate service to McLeodUSA, which would leave all
of McLeod USA's residential and business customers without the ability to complete telephone
calls to end users served by carriers other than McLeodUSA. The Commission has authority to
grant emergency relief to protect the health and safety of Oregon residents. Idaho Code ~ 61-
501.
For the foregoing reasons, McLeodUSA asks the Commission to consider the
McLeodUSA Petition on an emergency basis, and to rule that Qwest may not demand a security
deposit from McLeodUSA at this time. McLeodUSA further requests that the Commission order
that in the event of a default under the Interconnection Agreement, Qwest must follow the
dispute resolution provisions in the Interconnection Agreement and may not "suspend order
III
III
III
/II
III
III
III
activity,
" "
disconnect services " or terminate the Agreement until those dispute resolution
procedures have been completed.
Dated this day of March, 2005.
9210200vl
i1_Mark Trinchero, OSB 88322
DAVIS WRIGHT TREMAINE LLP
1300 SW Fifth Avenue, Suite 2300
Portland, OR 97201-5682
Telephone: [phone]
Facsimile: [phone]
E-mail: marktrinchero~dwt. com
Peter Richardson, ISB 3195
RICHARDSON & O'LEARY
515 N. 28th Street
Boise, ID 83702
Telephone: [phone]
Facsimile: [phone]
E-mail: peter~ri chardsonando I eary. com
.....
ATTORNEYS FOR MCLEODUSA
TELECOMMUNICATIONS, INC.