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Home My WebLink About20040308Amendment.pdfMary 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 , , - ,.r 1\1'-t.l-C:-lr- ;LED T?') '-_. Om. MI'i P -' 1'H/'IIM" " , j, u ,j L I L uTILITiES Cm1~1iSSfmJ Rex Knowles XO Communications 111 East Broadway - Suite 1000 Salt Lake City, UT 84111 Telephone: (801) 983-1504 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION JOINT APPLICATION OF QWEST CORPORATION AND XO IDAHO, INC. FOR APPROVAL OF A WlRELINE INTERCONNECTION AGREEMENT PURSUANT TO 47 US.C. 9252(E) CASE NO.: QWE-O2- 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-168456.1 0029164-00016 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 ofthis 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 8th day of March, 2004. Qwest Corporation J1,of! ?-- Stoel Rives LLP, Attorneys for Qwest and Rex Knowles XO Communications APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 Boise-168456-10029164-00016 CERTIFICATE OF SERVICE I hereby certify that on this 8th day of March, 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 iiewell~puc.state.id. 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 Hand Delivery ---1L U. S. Mail Overnight Delivery Facsimile Email 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-168456-10029164-00016 Addition of Exhibit J, Election of Reciprocal Compensation Option Amendment to the Interconnection Agreement between Qwest Corporation and XO Idaho, Inc. for the State of Idaho This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest Corporation ("Owesf'), - formerly known as US WEST Communications, Inc., a Colorado corporation , and XO Idaho, Inc. ("CLEC"). CLEC and Owest shall be known jointly as the Parties RECITALS WHEREAS, CLEC and Owest entered into an Interconnection Agreement ("Agreemenf') which was approved by the Idaho Public Utilities Commission ("Commission ) on February 28, 2002as referenced in Order No. 28964; and WHEREAS, the Parties wish to amend the Agreement further under the terms and conditions contained herein. AGREEMENT NOW THEREFORE, in consideration of the mutual terms, covenants and conditions containedin 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 adding Exhibit J , Election of Reciprocal Compensation Option, attached hereto and incorporated herein by this reference. Effective Date This Amendment shall be deemed effective upon approval by the Commission; however, theParties may agree to implement the provisions of this Amendment upon execution. Toaccommodate this need, GLEC must generate if necessary, an updated Customer Questionnaire. In addition to the Questionnaire, all system updates will need to be completedby Owest. CLEC will be notified when all system changes have been made. Actual order processil)g may begin once these requirements have been met. 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. February 17, 2004/lhd1XO Amend-Exhibit J - 10 Amendment to: CDS-O20l24-0083 Entire AQreement 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. ~4rSig ture Lee We;I;J~1? Name PrintedfTyped Signature L. T. Christensen Name PrintedfTyped Title sr/f 3( 3/ Director - Interconnection Aqreements Title :sf"'f c( DateDate February 17, 2004/lhd/XO Amend-Exhibit J - 10 mpnrlmpnt tn" rn"_n?n1 ?LLMSn Exhibit J Election of Reciprocal Compensation Option Pursuant to the election in this Exhibit J, to this Amendment, the Parties agree toexchange (9251(b)(5)) Traffic, per Section 7.4 of the Agreement, at the option designated below: CLEC must 'Select either Option 1 OR Option 2. Option 1.The rates applicable to 9251(b)(5) Traffic between Qwest and CLEC shall be the same as the rates established in ISP-bound traffic pursuant to Section 7.3 of theAgreement. Such rateforlSP-bound traffic will apply to 9251 (b)(5) Traffic in lieu of End Office Call Termination r , and Tandem Switched Transport rates. Signature: Option 2. Compensation rate for 9251(b)(5) Traffic shall be as -established by the Commission. The Parties shall cooperate in establishing a process by which 9251 (b)(5)Traffic and ISP-bound traffic will be identified in order to compensate one another at the appropriate rates and in a prompt manner (See 97.6 of the Agreement). Signature: When the FCC 'ordered rate for ISP-bound traffic is applied to (9251 (b)(5)) Traffic, the FCCOrderedlSP rate is used in lieu of End Office call termination and Tandem SwitchedTransport rate elements. -,-----,- _n - ., , February 17, 2004/lhdIXO Amend-Exhibit J - Amendment to: CDS-O20124-0083