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Home My WebLink About20041026Amendment.pdfTO E L ATTORNEYS AT LAW OCT 2 5 2004 101 S. Capitol Boulevard, Suite 1900 Boise, Idaho 83702 main 208.389.9000 fax 208.389.9040 www.stoel.com Idaho Pubjic Utilities Commission Office of the SecretaryRECEIVED Boise, Idaho MARY S. HOBSON Direct (208) 387-4277 mshobsoni,?Ystoe1.com October 25 , 2004 VIA HAND DELIVERY Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, Idaho 83720-0074 Re:Case No. QWE-O2- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Dear Ms, Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation and New Edge Network Inc. db a New Edge Networks is an original of the Application for Approval of Amendment to the Interconnection Agreement. The parties respectfully request 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 tml y yoursU~ t-b~ Mary SUIobson :blg Enclosurecc: Service List Oregon Washington California Utah Boise-177441.10029164-00016 Idaho Mary S. Hobson (ISB# 2142) Stoel Rives LLP 101 South Capitol Boulevard - Suite 1900 Boise, ID 83702 Telephone: (208) 389-9000 Facsimile: (208) 389-9040 msho bson~stoel. COIn Idaho PubUc Utilities Commission Office of the SecretaryRECEIVED OCT 2 5 2004 Rob McMillin New Edge Network Inc. dba New Edge Networks- 3000 Columbia Boulevard - Suite 106 Vancouver, W A 98661 Telephone: (360) 639-9703 rmcmillin~newedgenetw orks. com Boise, Idaho BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION JOINT APPLICATION OF QWEST CORPORATION AND NEW EDGE NETWORK INC dba NEW EDGE NETWORKS FOR APPROV AL OF WIRE LINE INTERCONNECTION AGREEMENT PURSUANT. TO 47. . 252(E CASE NO.: QWE-O2- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") and New Edge Network Inc. dba New Edge Networks New Edge ) hereby jointly file this Application for Approval of Amendment to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public Utilities Commission on November 21 , 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( )(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-I77442.10029164-00016 New Edge 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 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 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 25th day of October, 2004. Qwest Corporation !: !:~ Stoel Rives LLP, Attorneys.for Qwest . " and Rob McMillin New Edge Network Inc. dba New Edge Networks APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2 Boise-177442.1 0029164-00016 CERTIFICATE OF SERVICE I hereby certify that on this 25th day of October, 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 O. Box 83720 Boise, Idaho 83720-0074 11 ewell~puc.state.id. us Hand Deli very U. S. Mail Overnight Delivery Facsimile Email Rob McMillin New Edge Network Inc. dba New Edge Networks 3000 Columbia Boulevard - Suite 106 Vancouver, W A 98661 Telephone: (360) 639-9703 rmcmillin~newedgenetworks. com Hand Delivery U. S. Mail Overnight Delivery Facsimile Email . 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-I77442.10029164-00016 Expedites for Design Services Amendment to the Interconnection Agreement between Qwest Corporation and New Edge Network Inc. dba New Edge Networks for the State of Idaho This Amendment ("Amendment") is to the Interconnection Agreement between Qwest Corporation (fIkia U S WEST Communications, Inc.) ("Qwest" ) , a Colorado corporation , 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 on November 22, 2002, as referenced in Case No. QWE- T -02-20 ("Agreement"); 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 adding terms, conditions and rates for Expedites for Design Services, as set forth in Attachment 1 and Exhibit A, attached hereto and incorporated herein. Rates in Exhibit A shall be updated to reflect legally binding decisions of the Commission and shall be applied on a prospective basis from the effective date of the legally binding Commission decision, unless otherwise ordered by the Commission. 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 changes have been made. Actual order processing may begin once these requirements have been met. Additionally, Qwest shall implement any necessary billing changes within two (2) billing cycles after the latest execution date of this Amendment, with a true-up back to the latest execution date of this Amendment by the end of the second billing cycle. The Parties agree that so long as Qwest implements the billing changes and the true-up as set forth above , the CLEC's bills shall be deemed accurate and adjusted without error. August 25, 2004/pjd/New Edge/Expedites Design Svcs/ID Amendment to CDS-O20731-0015 Amendments; Waivers 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. Entire Agreement 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, 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. New Edge Network Inc.db ew Edge Networks tMc vvt flU ~ t '. '(., V\.fa ( Name Printed/Typ d ~. ~ ~t bf ..,,-~ Title .J: I e.. I (1,Date Signature L. T. Christensen Name Printed/Typed Director - Interconnection Aareements Title kf!ol( Date August 25, 2004/pjd/New Edge/Expedites Design Svcs/ID Amendment to CDS-O20731-0015 EXHIBIT A - IDAHO Expedites for Design Services Per order, per day event $200. August 25, 2004/pjd/New Edge/Expedites Design Svcs/ID Amendment to CDS-O20731-0015