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Home My WebLink About20040202Amendment.pdfRECEIVED LED ....! Mary S. Hobson (ISB# 2142) Stoel Rives LLP 101 South Capitol Boulevard - Suite 1900 Boise, ill 83702 Telephone: (208) 389-9000 Facsimile: (208) 389-9040 mshobson~stoe1.com 2004 rES -2 PI'i 3: 19 - . ; L- " ;''" Ul, UTlLiT!ES COMr11SSION Rex Knowles XO Communications 111 East Broadway - Suite 1000 Salt Lake City, UT 84111 Telephone: (801) 983-1504 rex.knowles~xo.com BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION JOINT APPLICA nON OF QWEST CORPORATION AND XO IDAHO, INe. FOR APPROVAL OF A WIRE LINE INTERCONNECTION AGREEMENT PURSUANT TO 47 US.e. 9252(E) CASE NO.: QWE-02- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") and XO Idaho , Inc. ("XO") hereby jointly file this Application for Approval of Amendment to the Interconnection Agreement ("Amendment" which was approved by the Idaho Public Utilities Commission on February 28, 2002 (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 APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1 Boise-167089.10029164-00016 XO 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 XO to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. XO 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 2nd day of February, 2004. Qwest CorporationJ1:~ Stoel Rives LLP , Attorneys for Qwest and Rex Knowles XO Communications APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 Boise-167089.J 0029164-00016 CERTIFICATE OF SERVICE I hereby certify that on this 2nd day of February, 2004, 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 ii ewell~puc.state.id. us Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Rex Knowles XO Communications 111 East Broadway - Suite 1000 Salt Lake City, UT 84111 Telephone: (801) 983-1504 rex.know les~xo. com Hand Delivery U. S. Mail Overnight Delivery Facsimile Email &~~cuI randi L. Gearhart, PLS Legal Secretary to Mary S. Hobson Stoel Rives LLP APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 Boise-167089.J 0029164-00016 Special Promotion Amendment for Available Inventory Collocation Sites to the Interconnection Agreement between Qwest Corporation and XO Idaho, Inc. for the State of Idaho This Agreement between Owest Corporation ("Owest") and XO Idaho, Inc. ("CLEC") provides for limited time, promotional rates for Available Inventory Collocations on Available Inventory Sites, which are identified at http://www.qwest.com/cqi-bin/whoiesale/collocation.cqi , and amends, for a limited time, the Parties' existing Interconnection Agreement. Limited Time Offer. The promotional rates provided for herein apply only to Available Inventory applications received between January 1 , 2004 and March 31 , 2004 , or to those current pending Available Inventory applications in process that have not reached "Scheduled Ready for Service" as of Jan. 2, 2004. The collocation applications must be submitted through the normal channel via rfsmet((V.qwestcom Requirement for Collocation Available Inventory Amendment. To receive the promotional rates CLEC must execute and submit this Agreement to Owest, and CLEC must either: (1) have previously executed and submitted to Owest the Collocation Available Inventory Amendment; or (2) execute and submit the Collocation Available Inventory Amendment concurrent with the submission of this executed Agreement. Promotional Rates. The Special Promotional Rates under this Agreement are as follows: Standard Site" Non Recurring Charge ("NRC") discounts for Available Inventory sites will be increased from 50% (off of the NRC contained in the Parties' current Interconnection Agreement) to: 55% for 3 or more sites; 60% for 5 or more sites; 65% for 10 or more sites. The additional discounts from the stated product 50% discount will be determined as of the completion of the special offering timeframe and credited in the subsequent quarter when all sites are completed. Special Site" NRC discounts will be increased to 75% off of the NRC in the Parties' current Interconnection Agreement. Existing Interconnection Agreement; Expiration of Promotion. Apart from the rates, terms, and conditions of this Agreement, all of which expire on April 1 , 2004, all other rates, terms, and conditions for collocation are contained in the Parties' Interconnection Agreement as amended , including, without limitation, the Collocation Available Inventory Amendment. State Commission Approval and Implementation. This Agreement is subject to the approval of an applicable state commission. The Parties agree, however, to implement the provisions of this Agreement upon execution. Entire Agreement; Amendments. This Agreement (including the Interconnection Agreement as amended , which was incorporated by reference) constitutes the full and entire understanding and agreement between the Parties with regard to the subjects of this Agreement. This Agreement may only be amended in writing. XO Ida Signid~t? c; We 11./(:,1- Name printed/ Title I Jz~ (0'1 Qwest pti-iL - ~ Signature LT. Christensen Name Printed/Typed Director - Interconnection Aqreements Title Date Date J !Z-Of/O January 15 200411hd/XO Amend-Spec Premo Amendment to: CDS-O20124-0083