20051021Amendment.pdf

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Boise, Idaho 83702
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October 21 , 2005
MARY S. HOBSON
Direct [phone]
mshobson(1Ystoel.com
VIA HAND DELIVERY
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
Re:Case No. QWE-OO-
APPLICATION FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT
NTCH-Idaho, Inc.
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and three
(3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests 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 tml y yours
Mary S.;.obson
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Boise-188891.1 0029164-00016 Idaho
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Mary S. Hobson (ISB# 2142)
Stoel Rives LLP,
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~252(e)
CASE NO.: QWE-OO-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby files this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public
Utilities Commission on January 26, 2001 (the "Agreement"). The Amendment with NTCH-
Idaho, Inc. ("NTCH") 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.
Qwest respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests 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
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 1
NTCH-Idaho, Inc.
Triennial Review Order and Triennial Review Remand Order
Boise-188892.l 0029164-00016
Communications Commission. Expeditious approval of this Amendment will enable NTCH to
interconnect with Qwest facilities and to provide customers with increased choices among local
telecommunications services.
Qwest further requests 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 21st day of October, 2005.
Qwest Corporation
~!~
Stoel Rives LLP, Attorneys for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2
NTCH-Idaho, Inc.
Triennial Review Order and Triennial Review Remand Order
Boise-188892.l 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 21st day of October, 2005 , 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
O. Box 83720
Boise, Idaho 83720-0074
1j ewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
NTCH-Idaho, Inc.
233 North Main Street
Pocatello, ill 83204
d1~
Brandi L. McMahon, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 3
NTCH-Idaho, Inc.
Triennial Review Order and Triennial Review Remand Order
Boise-188892.10029164-00016
Triennial Review Order and Triennial Review Remand Order
TROITRRO") Amendment
to the Interconnection Agreement between
Qwest Corporation and
NTCH-Idaho, Inc.
for the State of Idaho
This is an Amendment ("Amendment") to incorporate the Triennial Review Order ("TRO"
and the Triennial Review Remand Order ("TRRO") into the Interconnection Agreement
between Qwest Corporation ("Qwest"
) ,
formerly known as U S WEST Communications
Inc., a Colorado corporation, and NTCH-Idaho , Inc. ("NTCH"
).
NTCH and Qwest shall
be known jointly as the "Parties
RECIT ALS
WHEREAS NTCH and Qwest entered into an Interconnection Agreement (such
Interconnection Agreement, as amended to date, being referred to herein as the
Agreement") for services in the state of Idaho which was approved by the Idaho Public
Utilities Commission ("Commission ) Case No. QWE-00-18; and
WHEREAS, the Federal Communications Commission ("FCC") promulgated new rules
and regulations pertaining to , among other things, the availability of unbundled network
elements ("UNEs ) pursuant to Section 251 (c)(3) of the Telecommunications Act of 1996
(the "Act") in its Report and Orderjn the Matter of Review of the Section 251 Unbundling
Obligations of Incumbent Local Exchange Carriers; Implementation of the Local
Competition Provisions of the Telecommunications Act of 1996; Deployment of Wireline
Services Offering Advanced Telecommunications Capability, CC Docket Nos. 01-338
96-98 and 98-147 , (effective October 2 2003) ("TRO"); and
WHEREAS , on February 4, 2005 , the FCC released the Review of the Section 251
Unbundling Obligations of Incumbent Local Exchange Carriers, Order on Remand
(Triennial Review Remand Order)(FCC 04-290) ("TRRO"), effective March 11 , 2005
which further modified the rules governing Qwest's obligation to make UNEs available to
wireless carriers under Section 251 (c)(3) of the Act; and
WHEREAS, the TRO and TRRO Decision, individually and together ("Decisions
materially modify Qwest's obligations under the Act with respect to, among other things
Qwest's requirement to offer UNEs; and
WHEREAS, the Parties wish to amend the Agreement to comply with the Decisions
hereby agree to do so under the terms and conditions contained herein.
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:
I. Amendment Terms.
To the extent applicable , the Agreement is hereby amended by deleting access to UNEs
and removing any references to UNEs in the Agreement as set forth in Attachment 1
attached hereto and incorporated herein by this reference.
08.25.05/ccd/NTCH-ldahofTRO- TRR all D
Amendment to CDS-OOO914-0023
II.Limitations.
Nothing in this Amendment shall be deemed an admission by Qwest or NTCH
concerning the interpretation or effect of the Decisions, nor rules , regulations
interpretations, and appeals thereof, including but not limited to state rules, regulations
and laws as they may be issued or promulgated regarding the same. Nothing in this
Amendment shall preclude or estop Qwest or NTCH from taking any position in any
forum concerning the proper interpretation or effect of Decisions or concerning whether
the Decisions should be changed, vacated, dismissed, stayed or modified.
III.Conflicts.
In the event of a conflict between this Amendment and the terms and conditions of the
Agreement , this Amendment shall control, provided, however, that the fact that a term or
provision appears in this Amendment but not in the Agreement shall not be interpreted
, or deemed a grounds for finding, a conflict for purposes of this Section III.
IV.Scope.
This Amendment shall amend, modify and revise the Agreement only to the extent the
UNEs are included in the Agreement and, except to the extent set forth in Section I and
Section II of this Amendment, the terms and provisions of the Agreement shall remain in
full force and effect after the execution date.
Effective Date.
This Amendment shall be deemed effective upon approval by the Commission, exceptwhere the change of law provision in NTCH's Interconnection Agreement specifies a
different effective date. The Parties agree to implement the provisions of this
Amendment upon execution ("execution date
VI.Further Amendments.
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.
VII. Entire Agreement.
The Agreement as amended (including the documents referred to herein) constitutes the
full and entire understanding and agreement between the Parties with regard to the
subjects of the Agreement as amended and supersedes any prior understandings
agreements , or representations by or between the Parties, written or oral, to the extent
they relate in any way to the subjects of the Agreement as amended.
08.25.05/ccd/NTCH-ldahorrRO- TRRO/I 0
Amendment to CDS-OOO914-0023
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.
NT C H-Ida h
Signatu
Name Printe fTyped
CJ~7/tVV ~46~
Title
/6' ~? /c
Date
Qwest Corporation
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Signature
LT. Christensen
Name PrintedfTyped
Director-Interconnection Aoreements
Title
;;q
Date
08.25.05/ccd/NTCH-ldahofTRO- TRROIID
Amendment to CDS-OOO914-0023
Attachment
Unbundled Network Elements
1 NTCH's Interconnection Agreement includes terms, conditions and rates for
Network Elements that Qwest is no longer required to offer on an unbundled basis
pursuant to Section 251 of the Act. The FCC determined in its Decisions, that wireless
carriers are prohibited in the use of UNEs for the provision of telecommunications
services, based on the finding that the wireless market is competitive. This amendmentremoves all UNE references, terms, conditions and rates from NTCH'existing
Ag reement.
As of the execution date of this Amendment, NTCH shall not order, and Qwest
will not provide, any Network Elements on an unbundled basis pursuant to Section 251
of the Act:
Existing UNE services.
Transition for Signaling Networks - Upon the Execution Date of this
Amendment NTCH will not place , and Qwest will not accept ASRs for
Unbundled Signaling Network Elements. Qwest account representatives will
work with NTCH on a plan to convert any existing Unbundled Signaling Network
Elements to other available Qwest products or services. NTCH will submit
complete, error-free ASRs to convert or disconnect any existing Unbundled
Signaling Network Elements with Due Dates that are within ninety (90) Days of
the Execution Date of this Amendment. Qwest and NTCH will work together to
identify those network elements.
Failure to Convert Non-Impaired Network Elements SignalingNetworks. Absent NTCH Transition of Signaling Networks within ninety (90)
days of the Execution Date of this Amendment, Qwest will convert services to
alternate arrangements. NTCH is subject to back billing for the difference
between the rates for the UNEs and rates for the Qwest alternative service
arrangements to the 91 5t day. NTCH is also responsible for all non-recurring
charges associated with such conversions.
08 .25.05/ccd/NTCH-ldahofTRO- TRRO/I D
Amendment to CDS-000914-0023