20050413Withdrawal of motion.pdf

LAWYERS
Davis Wright Tremaine LLP
ANCHORAGE BELLEVUE LOS ANGELES NEW YORK PORTLAND SAN FRANCISCO SEATTLE SHANGHAI WASHINGTON, D.
MARK P. TRINCHERO
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April 12, 2005 c:. \
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Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington
O. Box 83720
Boise, ID 83702
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Re:Docket #MTI - T -05-
Dear Ms. Jewell:
By this letter, McLeodUSA Telecommunications Services, Inc. ("McLeodUSA") withdraws its
Motion for Emergency Relief', filed in the above referenced docket on March 30, 2005. Based
upon representations made by counsel for Qwest Corporation ("Qwest") in the "Response of
Qwest Corporation to McLeodUSA Telecommunications Services, Inc. Motion for Emergency
Relief' ("Qwest's Response ), filed in the above referenced docket on April 1 , 2005
McLeodUSA believes no further Commission action is required at this time. Specifically, in
Qwest's Response Qwest has committed to: 1) abide by the terms of the Temporary Restraining
Order issued by the Iowa Federal District Court, which states in pertinent part that Qwest and
Qwest Communications Corporation ("QCC") are "restrained from. . . terminating or
threatening to terminate services to McLeodUSA or requiring security from McLeodUSA as a
precondition to the start or continuation of any such services , including services provided
pursuant to the interconnection agreement between Qwest and McLeodUSA ("ICA") in Idaho;
and 2) fully comply with the provisions of the ICA in demanding and enforcing any claim to a
security deposit, including Qwest's statement that "(i)n Idaho, in accord with the ICA, Qwest
could initiate the process in Section (a)3 .13 regarding default, which would require another
notice to McLeod, and thirty days for McLeod to cure the default prior to Qwest seeking legal or
equitable relief." Given these representations, McLeodUSA withdraws its Motion for
Emergency relief. No further Commission action is needed at this time.
PDX 1260440vl 46985-
Portland
Jean D. Jewell, Secretary
April 12, 2005
Page 2
Please feel free to contact me with any questions.
Very truly yours
Davis Wright Tremaine LLP
rk P. Trinchero
Attomeys for McLeodUSA
cc: Service List
PDX 1260440vl 46985-
Portland