20030617Amendment.pdf

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101 S. Capitol Boulevard, Suite 1900
Boise, Idaho 83702
main 208.389.9000
fax [phone]'l003 JUN 16 PH 3: 59
ATTORNEYS AT LAW
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www.stoel.com
June 16 2003
MARY S. HOBSON
Direct [phone]
mshobson(i!Jstoel.com
VIA HAND DELIVERY
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
Re:Case No. QWE-OO-
APPLICATION FOR APPROVAL OF AMENDMENT TO TIlE INTERCONNECTION
AGREEMENT
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation and McLeodUSA
Telecommunications Services, Inc. is an original of the Application for Approval of
Amendment to the Interconnection Agreement. The parties respectfully request that this
matter be placed on the Commission Decision Meeting Agenda for expedited approval.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this matter.
Very truly yours
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Enclosure
Oregon
Washington
Caiifornia
Boise-158309.10029164-00016
Utah
Idaho
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FECEIVED
Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
2003 JUN 16 P~1 3:
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UTIL :(IE~; curll-i\SSION
Lauraine Harding
McLeodUSA Telecommunications Services, Inc.
6500 C Street SW - Box 3177
Cedar Rapids, IA 52406-3177
Telephone: [phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND MCLEODUSA
TELECOMMUNICATIONS SERVICES, INe.
FOR APPROVAL OF THE AMENDMENT TO
AN INTERCONNECTION AGREEMENT FOR
THE STATE OF IDAHO PURSUANT TO 47
US.C. ~252(e)
CASE NO.: QWE-OO-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE INTERCONNECTION
AGREEMENT
Qwest Corporation ("Qwest") and McLeodUSA Telecommunications Services, Inc.
McLeod") hereby jointly file this Application for Approval of Amendment to the
Interconnection Agreement ("Amendment"), which was approved by the Idaho Public Utilities
Commission on November 9, 2000 (the "Agreement"). A copy of the Amendment is submitted
herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act"
Section 252(e)(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
APPLICATION FOR APPROY AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Boise-158308.10029164-00016
McLeod and Qwest respectfully submit this Amendment provides no basis for either of
these findings, and, therefore jointly request that the Commission approve this Amendment
expeditiously. This Amendment is consistent with the public interest as identified in the pro-
competitive policies of the State of Idaho, the Commission, the United States Congress, and the
Federal Communications Commission. Expeditious approval of this Amendment will enable
McLeod to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
McLeod and Qwest further request that the Commission approve this Amendment
without a hearing. Because this Amendment was reached through voluntary negotiations, it does
not raise issues requiring a hearing and does not concern other parties not a party to the
negotiations. Expeditious approval would further the public interest.
Respectfully submitted this 16th day of June, 2003.
Qwest CorporationA,tr~
Mary S. bson
Stoel Rives LLP, Attorneys for Qwest
and
Lauraine Harding
McLeodUSA Telecommunications Services, Inc.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-158308,10029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 16th day of June, 2003 , I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
iiewell~puc.state.id.
Lauraine Harding
McLeodUSA Telecommunications Services, Inc.
6400 C Street SW - Box 3177
Cedar Rapids, IA 52406-3177
Telephone: [phone]
Mary Sullivan
Qwest Communications International Inc.
7800 East Orchard Road - Suite 250
Englewood, CO 80111
Telephone: [phone]
Facsimile: [phone]
mmsu111 ~qwest.com
-L Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
~A?~
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Boise-158308,10029164-00016
Bill and Keep Amendment
to the
Interconnection Agreement
between
Qwest Corporation
and
McLeod USA Telecommunications Services, Inc.
for the State of Idaho
This Amendment ("Amendment"is to the Interconnection Agreement between Qwest
Corporation (flk/a U S WEST Communications , Inc.) ("Qwest") , a Colorado corporation , and
McLeodUSA Telecommunications Services , Inc. ("CLEC"
RECITALS
WHEREAS , the Parties entered into an Interconnection Agreement, for service in the State of
Idaho, that was approved by the Idaho Public Utilities Commission on November 9 , 2000
Agreement"); and
WHEREAS , the Parties entered into an Amendment No.that was approved by the
Commission on October 16 , 2000 in which the Parties agreed not to bill each other for any rate
element necessary for transporting or terminating local and Internet-related calls which originate
and terminate in the same local calling area; and
WHEREAS , the bill and keep provisions of Amendment No., as described above, terminated
on December 31 2002;
WHEREAS , the Parties have continued to treat reciprocal compensation as bill and keep on a
month-to-month basis since December 31 , 2002; and
WHEREAS , the Parties wish to amend the Agreement by extending the terms and conditions
contained in Amendment No.
AGREEMENT
NOW THEREFORE , in consideration of the mutual terms, covenants and conditions contained
in this Amendment and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged , the Parties agree as follows:
1. Amendment Terms
Section (C)2.3.4., which was added to Part C, Section 2, ReciprocalTraffic Exchange , of
the Agreement via Amendment No., is hereby replaced in its entirety with the following:
(C)2.3.4.Other provisions of this Agreement to the contrary
notwithstanding, and based upon the fact that the voice traffic
exchanged between the Parties historically has been roughly
balanced, neither Party shall charge the other for any rate
element necessary for transporting or terminating local and
ISP-bound traffic that originates and terminates in the same
May 28, 2003/lcm/McLeod/Bili and KeepllD
CDS-OOO807-0082
Page 1
local calling area. This provision shall continue on a month-
to-month basis so long as the Parties continue to operate
under this Agreement.
2. Effective Date
This Amendment shall be deemed effective upon Commission approval. To accommodate
this need , CLEC must generate, if necessary, an updated Customer Questionnaire. In
addition to the Questionnaire, all system updates will need to be completed by Qwest.
CLEC will be notified when all system changes have been made. Actual order processing
may begin once these requirements have been met.
3. Amendments; Waivers
The provisions of this Amendment, including the provisions of this sentence , may not be
amended , modified or supplemented, and waivers or consents to departures from the
provisions of this Amendment may not be given without the written consent thereto by both
Parties authorized representative. No waiver by any Party of any default
misrepresentation , or breach of warranty or covenant hereunder, whether intentional or not
will be deemed to extend to any prior or subsequent default , misrepresentation , or breach of
warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior
or subsequent such occurrence.
4. Entire Aareement
This Amendment (including the documents referred to herein) constitutes the full and entire
understanding and agreement between the Parties with regard to the subjects of this
Amendment and supersedes any prior understandings, agreements, amendments, or
representations by or between the Parties, written or oral, to the extent they relate in any
way to the subjects of this Amendment.
The Parties intending to be legally bound have executed this Amendment as of the dates set
forth below, in multiple counterparts , each of which is deemed an original , but all of which shall
constitute one and the same instrument.
McLeod USA Telecommunications
Services, Inc.
Owest Corporation
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Authorized SignatureAuttJ,~
Aj.u d.. R. r~
LJ,~in~vi::~
Title
((')-
II) Date
L. 1. Christensen
Name Printed/Typed
Director - Business Policy
Title
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tJ:3l lDate
May 28, 2003/lcm/McLeod/Bili and KeepliD
CDS-OOO807-0082
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