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HomeMy WebLinkAbout20020807Amendment New Edge Networks2.pdfATTORNEYS AT LAW UTIL COMMISSION MARY S.HOBSON Direct (208)387-4277 August 7,2002 nooisongstoetcom VIA HAND DELIVERY Jean Jewell,Secretary ..CASE REOPENEDIdahoPubhcUtilitiesCommission 472 West Washington Street Boise,ID 83720-0074 Re:Amendment to Wireline Interconnection Agreement between Qwest Corporation and New Edge Networks for the State of Idaho pursuant to 47 U.S.C.252(e) Dear Ms.Jewell: Enclosed for filing with this Commission is an original and three (3)copies of the Amendment to the Wireline Interconnection Agreement between Qwest Corporation and New Edge Networks for the state of Idaho.The parties respectfullyrequest 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 truly yours, Mary S.Há6son :blg Enclosures Oregon Washington California Ut a h Boise-142933.1 0029164-00016 I d a ho Mary S.Hobson (ISB #2142)LEDSTOELRIVESLLP 101 S.Capitol Boulevard,Suite 1900 2002 AUG -7 PM OO I Boise,Idaho 83702-5958 Telephone:(208)387-4277 UHL C ISSIONFAX:(208)389-9040 Attorneys for Qwest Corporation New Edge Networks Vice President Carrier Relations ATTN:Stacey Waddell 3000 Columbia House Boulevard Vancouver,WA 98661 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION JOINT APPLICATION OF QWEST CASE NO.USW-T-99-23 CORPORATION AND NEW EDGE NETWORKS FOR APPROVAL OF THE AMENDMENT TO THE AMENDMENT CASE REOPENEDFORPRIVATELINETOUNBUNDLED LOOP CONVERSIONS TO THE INTERCONNECTION AGREEMENT BETWEEN QWEST CORPORATION AND NEW EDGE NETWORKS FOR THE STATE OF IDAHO PURSUANT TO 47 U.S.C.§252(E) Qwest Corporation ("Qwest")and New Edge Networks.("New Edge")herebyjointly file this Application for Approval to Amendment for Private Line to Unbundled Loop Conversions to the Interconnection Agreement dated November 5,1999 (the "Amendment")for the State of Idaho.A copy of the Amendment is submitted herewith. The Amendment was reached through voluntarynegotiations 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"). JOINT APPLICATION OF QWEST CORPORATION AND NEW EDGE NETWORKS FOR APPROVAL OF THE AMENDMENT TO THE AMENDMENT FOR PRIVATE LINE TO UNBUNDLED LOOP CONVERSIONS TO THE INTERCONNECTION AGREEMENT BETWEEN QWEST CORPORATION AND NEW EDGE NETWORKS FOR THE STATE OF IDAHO PURSUANT TO 47 U.S.C.§252(E)Page 1 Boise-142927.10029164-00066 Section 252(e)(2)of the Act directs that a state Commission may reject an amendment (or amendments)reached through voluntary negotiations only if the Commission finds that:the amendment(s)(or portion(s)thereof)discriminates against a telecommunications carrier not a party to this agreement;or the implementation of such an amendment(s)or portion is not consistent with the public interest,convenience and necessity. New Edge and Qwest respectfully submit that the Amendment provides no basis for either of these findings and,therefore,jointly request that the Commission approve it 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 New Edge to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. New Edge and Qwest further request that the Commission approve the Amendment without a hearing.Because it 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. DATED this day of August,2002. Qwest Corporation and Stacey Waddell New Edge Networks JOINT APPLICATION OF QWEST CORPORATION AND NEW EDGE NETWORKS FOR APPROVAL OF THE AMENDMENT TO THE AMENDMENT FOR PRIVATE LINE TO UNBUNDLED LOOP CONVERSIONSTO THE INTERCONNECTION AGREEMENT BETWEEN QWEST CORPORATIONAND NEW EDGE NETWORKS FOR THE STATE OF IDAHO PURSUANTTO 47 U.S.C.§252(E)Page 2 Boise-142927.1 0029164-00066 CERTIFICATE OF SERVICE I hereby certify that on this day of August,2002,I served the foregoing JOINT APPLICATION OF QWEST CORPORATION AND NEW EDGE NETWORKS FOR APPROVAL OF THE AMENDMENT TO THE AMENDMENT FOR PRIVATE LINE TO UNBUNDLED LOOP CONVERSIONS TO THE INTERCONNECTION AGREEMENT BETWEEN QWEST CORPORATIONAND NEW EDGE NETWORKS FOR THE STATE OF IDAHO PURSUANT TO 47 U.S.C.§252(E)upon all parties of record in this matter by mailing a copy thereof properly addressed,with postage prepaid as follows: Ms.Jean Jewell,Secretary Hand Delivery Idaho Public Utilities Commission 472 West Washington Street Boise,Idaho 83720-0074 New Edge Networks U.S.Mail Vice President Carrier Relations ATTN:Stacey Waddell 3000 Columbia House Boulevard Vancouver,WA 98661 Mary Sullivan U.S.Mail Qwest Communications International Inc. 7800 East Orchard Road -Suite 250 Englewood,CO 80111 By:Brandi L.Gearhart Legal Secretary to Mary S.Hobson Stoel Rives LLP JOINT APPLICATION OF QWEST CORPORATIONAND NEW EDGE NETWORKS FOR APPROVAL OF THE AMENDMENT TO THE AMENDMENT FOR PRIVATE LINE TO UNBUNDLED LOOP CONVERSIONSTO THE INTERCONNECTION AGREEMENT BETWEEN QWEST CORPORATIONAND NEW EDGE NETWORKS FOR THE STATE OF IDAHO PURSUANTTO 47 U.S.C.§252(E)Page 3 Boise-142927.10029164-00066 Amendment for Private Line to Unbundled Loop Conversions To the Interconnection Agreement between Qwest Corporation and New Edge Networks For the State of Idaho This Amendment ("Amendment")to the Interconnection Agreement is made by and between Qwest Corporation (f/kla US WEST Communications,Inc.)("Qwest"),aColoradocorporation,and New Edge Network,Inc.dba New Edge Networks ("CLEC"),a Delaware corporation. RECITALS WHEREAS,the Parties entered into an Interconnection Agreement,for service in the State of Idaho,that was approved by the Idaho Public Utilities Commission ("Commission")on November 5,1999,as referenced in Decision No.28202 (the "Agreement");and WHEREAS,the Parties wish to amend the Agreement by adding the terms,conditions and rates contained herein. AGREEMENT NOW THEREFORE,the Parties agree as follows: 1.Amendment Terms This Amendment is made in order to add,to the Agreement,the terms,condit¡ons and rates for Private Line to Unbundled Loop Conversions,as set forth below and in Exhibit A,attached hereto and incorporated herein. Upon request by CLEC,Qwest will convert special access or private line circuits to Unbundled Loops,with or without multiplexing,provided the service originates at the CLEC Collocation in the Serving Wire Center.If multiplexing is not involved,then the Loop conversion ordering process applies.However,if the conversion includes multiplexing,then the ordering process associated with the conversion to EELs applies.The requirements with respect to providing a significant amount of local exchange traffic,under the EEL Section,shall not apply to conversions to Unbundled Loop. 2.Effective Date This Amendment shall be deemed effective upon Commission approval;however, the Parties may agree to implement the provisions of this Amendment upon execution.To accommodate this need,CLEC must generate,if necessary,an updated Customer Questionnaire.In addition to the Questionnaire,all system updates will need to be completed by Qwest.CLEC will be notified when all system May 15,2002/msd/PL to U-Loop-Conversions-lD.doc Amendment to CDS-990812-0228 1 changes have been made.Actual order processing may begin once these requirements have been met. 3.Further Amendments Except as modified herein,the provisions of the Agreement shall remain in full force and effect.Neither the Agreement nor this Amendment may be further amended oralteredexceptbywritteninstrumentexecutedbyanauthorizedrepresentativeof both Parties.This Amendment shall constitute the entire Agreement between the Parties,and supercedes all previous Agreements and Amendments entered intobetweenthePartieswithrespecttothesubjectmatterofthisAmendment. 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. N dge Networks Qwest Corporation ri‡ed Signature Authorized Signature L.T.ChristensenNarnePrinted/Týped Name Printed/Typed v---Director -Business Policy Title Title Date Date C May 15,2002/msd/PL to U-Loop-Conversions-ID.doc Amendment to CDS-990812-0228 2 Exhibit A EXHIBIT A Idaho Rates Unbundled Loops Non-recurring Rate:Notes Private Line to Unbundled Loop Conversions $41.14 1 Notes: [1]Rate has been ordered in a different section and is being used due to the similar characteristics of the element.This rate would be replaced when a rate is developed or ordered for this product. May 15,2002/msd/PL to U-Loop-Conversions-ID.doc Amendment to CDS-990812-0228 3