20061018Amendment.pdf

Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone]
RECEIVED
100& OCI \ 8 PM 2: '0
Maura E. Peterson
Paralegal
Regulatory Law
ICAHO r-'t.)L~L i(;; '
UTILli'\ES COMMI~SIOi\i Qwest.
Spirit of Service
Via Overnight delivery
October 17 2006
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-01-
Application for Approval of Amendment to the Interconnection Agreement
BG Enterprises
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 rn er.
oerely, ;~tU\(
Maura E. Peter n
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr(fYqwest. com
RECEIVED
200b OCT \ 8 PH 2: I 0
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UTILlT\l:S COlIjL,:18SI0i'
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-Ol-
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 18, 2001 (the "Agreement"
Enterprises Inc. ("BG Enterprises ) is submitted herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
The Amendment with BG
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
Communications Commission. Expeditious approval of this Amendment will enable BG
APPLICA nON FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
BG Enterprises
QWEST DIGITAL SUBSCRIBER LINE AMENDMENT
Enterprises 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 I Of1aay of October, 2006.
Adam L. Sherr
Attorney for Qwest
---
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
BG Enterprises
QWEST DIGITAL SUBSCRIBER LINE AMENDMENT
CERTIFICATE OF SERVICE
I hereby certify that on this day of October, 2006, 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
i i ewell(fYpuc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Jerry Lambert
Big Sky Telecom, Inc.
128 East Main Street
Emmett, ID 83617
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
~mailj"
APPLICA TION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
BG Enterprises
QWEST DIGITAL SUBSCRIBER LINE AMENDMENT
Qwest Digital Subscriber Line (Qwest DSL TM) Amendment
to the Resale Agreement between
Qwest Corporation
and
BG Enterprises, Inc.
for the State of Idaho
This is an Amendment ("Amendment") to the Resale Agreement between Qwest Corporation
Qwesf'), a Colorado corporation, and BG Enterprises, Inc. ("Reseller") , a Montana corporation;
(collectively, lithe Parties
RECITALS
WHEREAS, the Parties entered into a Resale Agreement, for service in the State of Idaho, that
was approved by the Idaho Public Utilities Commission on December 18, 2001 , as referenced in
Case No. QWE-O1-23 ("Agreemenf'); and
WHEREAS, the Parties wish to amend the Agreement 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:
Amendment Terms
The Agreement is hereby amended by changing the terms and conditions for Qwest Digital
Subscriber Line (Qwest DSL ~I as set forth in Attachment 1 , attached hereto and incorporated
herein.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission; however, the
Parties agree to implement the provisions of this Amendment upon execution. Qwest shall
implement any necessary billing changes within two (2) billing cycles after the latest execution
date of this Amendment.
Further Amendments
Except as modified herein, the provisions of the Agreement shall remain in full force and effect.
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.
March 16, 2006/msd/BG Enterprises/DSL RemovalllD
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Entire Aareement
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.
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.
BG Enterprises, Inc.Qwest corporatio~f~.
Signature
~,.
Signature
Ltrlda.GtJ dnn
Name PrintedlTyped
1(e5td ~Y\
)'i! )0(0
Date
L. 1. Christensen
Name PrintedlTyped
Director - Interconnection Aareements
Title ~Of&
Date
March 16, 2006/msdlBG Enterprises/DSL Removal/ID6mannmant tn ('n~_n1 nAn1..JH?C
ATTACHMENT 1
ATTACHMENT 1
Qwest Digital Subscriber Line (Qwest DSL TM) General
In the Report and Order and Notice of Proposed Rulemaking issued simultaneously in
the Appropriate Framework for Broadband Access to the Internet over Wireline Facilities
Proceeding, Docket No. 02-33 (and associated dockets), FCC 05-150 ("Order), effective
November 16, 2005, the FCC determined that facilities-based wireline broadband Internet
access service is an information service. The Order permits carriers such as Qwest to offer
broadband Internet access services on either a Title I or Title" basis. Qwest has decided to
offer Qwest High Speed Internet Service (also known as Qwest Digital Subscriber Line (Qwest
DSL~ service) on a Title I basis. With this reclassification, Qwest has elected to withdraw its
tariffed DSL offerings.
Reseller's Resale Agreement includes access to certain Qwest DSL TM products
including, but not limited to, when purchased in conjunction with certain UNE-P and/or Resale
services.
As of the execution date of this Amendment, Reseller shall not order or purchase and
Qwest will not offer or provide any Qwest DSL TM services out of Reseller's existing Resale
Agreement(s) with Qwest. Notwithstanding, nothing in this Amendment shall prevent Qwest
from offering or providing commercially negotiated replacement products to Reseller.
March 16, 2006/msdlBG EnterpriseslDSL RemovalilD
Amendment to CDS-O10801-O129