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Home My WebLink About20030207Amendment.pdfSTGEL~~c - ,....,~ i,\! ;'1 \::.\..\':.. 1'1 ; \ r: \i - \ ~_ L \. \"1 ,-- in C\:'P - 1 ftl 3: 4 \L\;uJ r LU 101 S, Capilol Boulevard, Suile 1900 Boise, Idaho 83702 main 208.389,9000 ATTORNEYS AT LAW r"" ::, ;~" I'-! UTIU TIES CUi'i;"\\0J\Oi ~~~ fax 208.389,9040 www,stoel.com ,.~, MARY S. HOBSON Direct (208) 387-4277 mshobson(fYstoel,com February 5 , 2003 VIA HAND DELIVERY Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street Boise ID 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 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 truly yours :blg Enclosure Oregon Washington California Uta h Boise-!52761.!0029164-00016 Idaho 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 Robert McMillin Senior Director - Interconnection New Edge Networks 3000 Columbia House Boulevard - Vancouver, WA 98661 Telephone: (360) 906-9703 Facsimile: (360) 737-0828 fill cmi llin(q),n ew ed g en etw orks. co ill Suite 106 ECE\\lEO fiLED r7'!l:Jr-1 "M" ~rD -1 Pl'1 3: 4. \LliUJ I LV let' /' , " UTiU\ ilS C'cj , " iSSWH , , BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION JOINT APPLICATION OF QWEST CORPORATION AND NEW EDGE NETWORKS FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S. C. ~ 252(e) CASE NO. QWE-02- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") and New Edge Networks ("New Edge ) hereby jointly file this Application for Approval of Amendment to the Interconnection Agreement 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(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 APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Boise-152760.10029164-00016 Page 1 agreement; or the implementation of such an amendment (or portion) is not consistent with the public interest, convenience and necessity. 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 day of February, 2003. Qwest Corporation ~q~f;-- Stoel Rives LLP, Attorneys for Qwest and Robert McMillin New Edge Networks APPLICA TION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Boise-152760,10029164-00016 Page 2 CERTIFICATE OF SERVICE I hereby certify that on this 7th day of February, 2003, I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT upon all parties of record in this matter as follows: Ms. Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street Boise, Idaho 83720-0074 Hand Delivery U. S. Mail Overnight Delivery Facsimile Robert McMillin Senior Director - Interconnection New Edge Networks 3000 Columbia House Boulevard Vancouver, WA 98661 Telephone: (360) 906-9703 Facsimile: (360) 737-0828 nncmill in~newedgen etwor ks. com Hand Delivery~ U.Mail Overnight Delivery Facsimile Qwest Corporation Director - Interconnection Compliance 1801 California Street - Suite 2410 Denver, CO 80202 Phone: (303) 965-3029 Fax: (303) 965-4667 hhiger~qwestcom Hand Delivery U. S. Mail Overnight Delivery Facsimile Qwest Law Department ATTN: Corporate Counsel- Interconnection 1801 California Street - 4900 Denver, CO 80202 Hand Delivery U. S.Mail Overnight Delivery Facsimile Mary Sullivan Legal Dept / Contract Development and Services Qwest Communications International, Inc. 7800 East Orchard Road - Suite 250 Englewood, CO 80111 Phone: (303) 793-6642 Facsimile: (303) 793-6633 mmsull1 (Q),uswestcom Hand Delivery U. S.Mail Overnight Delivery Facsimile Brandi L. Gearhart, PLS Legal Secretary to Mary S. Hobson Stoel Rives LLP APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT- Boise-152760,10029164-00016 Page 3 Collocation Augment Rates 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 (f/k/a 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 Commission ) on November 22, 2002 , as referenced in Case No. QWE-02- Agreement"); and WHEREAS, the Parties wish to amend the Agreement by adding 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: 1. Amendment Terms This Amendment is made in order to add to the Agreement the rates applicable to the Collocation Augment Quote Preparation Fee as set forth in Attachment 1 attached hereto and incorporated herein. 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 changes have been made. Actual order processing may begin once these requirements have been met. Jan. 8, 2003/lcm/New Edge/Collo Augment QPFIID Amendment to CDS-O20731-0015 3. Amendments: Waivers 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. 4. Entire Aareement This Amendment (including the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subjects of this Amendment and supersedes any prior understandings, agreements amendments, or representations by or between the Parties, written or oral, to the extent they relate in any way to the subjects of this Amendment. 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. dba New Edge Networks Bd ~~~. Vb Me- vIA.; q , ... Name PrintedIT ped l~t61\~ --- Title ~:sDate ;;;jJ Authorized Signature - -=- ------. L. 1. Christensen Name PrintedITyped Director - Business Policy Title /Z-9 !o~I' Date Jan. 8, 2003/lcm/New Edge/Colla Augment QPFIID Amendment to CDS-O20731-0015 Attachment 1 ATTACHMENT 1 Idaho All Collocation Nonrecurring Charge Quote Preparation Fee $1,443. Augment I Rate not addressed in Cost Docket (TELRIC) Jan. 8, 2003/lcm/New Edge/Collo Augment QPFIID Amendment to CDS-O20731-0015