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HomeMy WebLinkAbout20051018Amendment II.pdf, ,-" , r- I \ J r" - I - 1 .; i'. , i,- '-' - I " L,~ 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 msho bson~stoel. com ,. jL_;~D J"'' ""'1'C:. f"lr) ";, :)i,,O i)UBLIC !i 1 or : !-:- C' r n i~'A f c: (" I "",,' 1:,, ,,) ~'~, il!j 0.). ' j-; 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-O2- 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 February 28 2002 (the "Agreement"). The Amendment with XO Communications Services, Inc. tka XO Idaho Inc. ("XO") 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 I XO Communications Services, Inc. fka XO Idaho Inc. CLEC Consolidation - Interim Period Agreement Amendment Boise-188640.10029164-00016 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. 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 ih day of October, 2005. Qwest Corporation !:;~~- Stoel Rives LLP, Attorneys for Qwest APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2 XO Communications Services, Inc. fka XO Idaho Inc. CLEC Consolidation - Interim Period Agreement Amendment Boise-188640.10029164-00016 CERTIFICATE OF SERVICE I hereby certify that on this 1 ih 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 ij 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.knowles~xo.com Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Gegi Leeger XO Communications 11111 Sunset Hills Road Reston, VA 20190 Telephone: (703) 547-2109 Hand Delivery U. S. Mail Overnight Delivery Facsimile Email &~/f?~/ffBrandi L. McMahon, PLS Legal Secretary to Mary S. Hobson Stoel Rives LLP APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 3 XO Communications Services, Inc. fka XO Idaho Inc. CLEC Consolidation - Interim Period Agreement Amendment Boise-188640.1 0029164-00016 Qwes t.~ Spirit of Service June 1, 2005 XO Communications Services, Inc. 11111 Sunset Hills Road Reston, VA 20190 Re: CLEC Consolidation - Interim Period Agreement Amendment Dear: Gegi Leeger As you know, Qwest Corporation and XO Communications Services, Inc. recently entered into the above referenced Interim Period Agreement (Agreement) setting forth a process and procedures to address certain contract, code and systems issues raised by XO'reorganization and/or consolidation activities in various states. Since the date of the Interim Agreement, XO and Allegiance have finalized their merger activities in Colorado. Accordingly, the parties agree to amend the Exhibits to add Colorado as set forth in the attached amended Exhibit A and Exhibit B. Upon execution of this letter indicating agreement to such amendment, the parties agree that the terms of the Agreement will apply to XO' s operations in Colorado. The parties also agree that the original Agreement and the Exhibits attached to this Amendment will be filed with the Colorado Public Service Commission. The parties intending to be legally bound have executed this Interim Agreement 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. Qwest Corporation XO Communications Services, Inc. By: -;C!j ~/B !o6- tK&, h&' 0& 1# ?'~.-- - Date;Date: , -------.. --2Qwest. Spirit of Service Exhibit A Merging Entities (fonner XO Communications and Allegiance Telecom Entities) XO Arizona, Inc. XO Colorado LLC XO Idaho, Inc. XO Network Services, Inc (Iowa) XO Minnesota LLC XO Network Services, Inc (Montana) XO Network Services, Inc (Nebraska) XO New Mexico, Inc. XO Network Services, Inc (North Dakota) XO Oregon, Inc. XO Network Services, Inc (South Dakota) XO Utah, Inc. XO Washington , Inc. XO Network Services, Inc (Wyoming) Allegiance Telecom of Arizona, Inc. Allegiance Telecom of Colorado, Inc. Allegiance Telecom of Minnesota, Inc. Allegiance Telecom of Oregon, Inc. Allegiance Telecom of Washington, Inc. Survivina Entity XO Communications Services, Inc. Qwest:-2. Spirit of Se ice Exhibit B State Surviving Interconnection Agreement Arizona Colorado Idaho Iowa Minnesota Montana Nebraska New Mexico North Dakota Oregon South Dakota Utah Washington Wyoming XO Arizona, Inc. XO Colorado LLC XO Idaho, Inc. XO Network Services, Inc XO Minnesota LLC XO Network Services, Inc XO Network Services, Inc XO New Mexico, Inc. XO Network Services, Inc XO Oregon, Inc. XO Network Services, Inc XO Utah, Inc. XO Washington, Inc. XO Network Services, Inc State Terminated Interconnection Aareement Arizona Colorado Minnesota - Oregon Washington Allegiance Telecom of Arizona, Inc. Allegiance Telecom of Colorado, Inc. Allegiance Telecom of Minnesota, Inc. Allegiance Telecom of Oregon, Inc. Allegiance Telecom of Washington , Inc. -- ,,".,.,... ,, '-'-'---""--'