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Home My WebLink About20060207Amendment A.pdf:i, STOEL ~~, " i, \' ' , ... i I.. ' --~- -- 101 5, Capitol Boulevard, Suite 1900 Boise, Idaho 83702 main 208389,9000 fax 208,389,9040 ATTORNEYS AT lAW ' --,.. :!\',!,i::S ~ ,,-www-stoel.com February)l, 2006 MARY S, HOBSON Direct (208) 387-4277 mshobsonQYstoe1.com 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 New Edge Network Inc. dba New Edge Networks Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and three (3) copies ofthe Application for Approval of Amendment to the Interconnection Agreement. Qwest respectfully requests 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 fi~ Ip~ Mary ~obson :blm Enclosurecc: Service List Oregon Washington California Utah Boise-192537,10029164-00016 I d a h 0 ,'-- : , ~:.U 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(q),stoel. com r '., I" , I r:,jlij:...;Li JTiL.ITit~;) (:O;';;ll;);-;IC;) 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 November 21 , 2002 (the "Agreement"). The Amendment with New Edge Network Inc. dba New Edge Networks ("New Edge ) 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 APPROV AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1 New Edge Network Inc. dba New Edge Networks Qwest Digital Subscriber Line (Qwest DSL) Boise-192556.l 0029164-00016 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. 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~ay of February, 2006. Qwest Corporation ~~f~ Stoel Rives LLP, Attorneys for Qwest APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 New Edge Network Inc. dba New Edge Networks Qwest Digital Subscriber Line (Qwest DSL) Boise-192556.10029164-00016 CERTIFICATE OF SERVICE I hereby certify that on this~day of February, 2006, 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 ii ewell~puc. state.id. Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Robert McMillin New Edge Networks 3000 Columbia House Boulevard - Suite 106 Vancouver, WA 98661 Telephone: (360) 906-9703 Facsimile: (360) 737-0828 rmcmillin ~new ed gen etworks. com Hand Delivery U. S. Mail Overnight Delivery Facsimile Email ~/f?//?~ Brandi L. McMahon, PLS Legal Secretary to Mary S. Hobson Stoel Rives LLP APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 New Edge Network Inc. dba New Edge Networks Qwest Digital Subscriber Line (Qwest DSL) Boise-192556.l 0029164-00016 Owest Digital Subscriber line (Owest DSL Amendment to the Interconnection Agreement between Owest Corporation and New Edge Network Inc. dba New Edge Networks for the State of Idaho This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest Corporation ("Qwest") , a Colorado corporation , and New Edge Network Inc. dba New Edge Networks ("CLEC" ). CLEC and Owest shall be known jointly as the "Parties RECITALS WHEREAS, CLEC and Qwest entered into an Interconnection Agreement ("Agreement") which was approved by the Idaho Public Utilities Commission ("Commission ); 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 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 changing terms and conditions for Owest Digital Subscriber Line (Qwest DSL TM) as set forth in Attachment 1 , to this Amendment, attached hereto and incorporated herein by this reference. Effective Date This Amendment shall be deemed effective upon approval by the Commission; however, the Parties agree to implement the provisions of this Amendment upon execution. Owest shall implement any necessary billing changes within two (2) billing cycles after the latest execution date of this Amendment. 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 Jan. 16, 2006/ccd/New Edge Networks/ID Amendment to CDS-020731-0015 Q DSL Amd (12-19-05) 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 Aareement 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. Vl~ cvt( t.kYr- Si re ~u-t vLL~ v0( 111 Name print ffype 0'0\:\)1 \/~~ \VGtifGrv\A~J Title LL- Signature New Edge Network Inc. dba New Edge Networks L. T. Christensen Name Printedffyped ((J( (Z-;~J Date Director - Interconnection Aareements Title iLCe Date Jan. 16, 2006/ccd/New Edge Networks/ID Amendment to CDS-020731-0015 Q DSL Amd (12-19-05) ATTACHMENT 1 ATTACHMENT 1 Owest Digital Subscriber Line (Owest DSL General In the Report and Order and Notice of Proposed Rulemaking issued simultaneously in the Appropriate Framework for Broadband Access to the Internet over Wireline Facilities Proceeding, Docket No. 02-33 (and associated dockets), FCC 05-150 Order'?, effective November 16, 2005, the FCC determined that facilities-based wireline broadband Internet access service is an information service. The Order permits carriers such as Qwest to offer broadband Internet access services on either a Title I or Title II basis. Qwest has decided to offer Qwest High Speed Internet Service (also known as Qwest Digital Subscriber Line (Qwest DSLTM) service) on a Title I basis. With this reclassification, Qwest has elected to withdraw its tariffed DSL offerings. 2 CLEC's Interconnection Agreement includes access to certain Qwest DSLTM products including, but not limited to, when purchased in conjunction with certain UNE-P and/or Resale services. As of the execution date of this Amendment, CLEC shall not order or purchase and Qwest will not offer or provide any Qwest DSLTM services out of CLEC's existing Interconnection Agreement(s) with Qwest. Notwithstanding, nothing in this Amendment shall prevent Qwest from offering or providing commercially negotiated replacement products to CLEC. Jan. 16, 2006/ccd/New Edge Networks/ID Amendment to CDS-020731-0015 a DSL Amd (12-19-05)