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Home My WebLink About20030626Amendment.pdf12~3 :~' r~ ::- ",- . '- I r '! , !-,-. ri;j 101 S. Capitol Boulevard. Suite 1900 Boise, Idaho 83702 main 208.389.9000 fax 208.389.9040 www.stoel.com STOEL ~~, 2DO3JUN25 PML;:42 ATTORNEYS AT LAW ..--, ~~,:";y::._"... U IILI i liS COhhlSSiON June 25 , 2003 MARY S, HOBSON Direct (208) 387-4277 mshobsonifYstoel.com VIA HAND DELIVERY Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street 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 MChnetro Access Transmission Services LLC 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 2/k /-z-- Mar; S~ Hlbs~n :blg Enclosure Oregon Washington California Boise-158723,10029164-00016 Utah 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 ::::" c..LtIVEf3 f' i! il - "!..... '-.:..:. I.UJJ JUt.; ,.. PI1 4: UTt i L , ", , ,; '" ' ITr-U"';"'iot:'; . .;~,:... 1f'7/$SiON Michael A. Beach VP Western Telco Line Cost MCI WorldCom MCI Plaza 6312 South Fiddlers Green Circle - Suite 600 East Englewood, CO 80111 Telephone: (303) 217-4011 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND MCImetro ACCESS TRANSMISSION SERVICES, LLC FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 US.C. 9252(e) CASE NO.: QWE- T -02- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") and MCImetro Access Transmission Services LLC MCI") 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(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 APPLICA nON FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1 Boise-158721.1 0029164-00016 agreement; or the implementation of such an amendment (or portion) is not consistent with the public interest, convenience and necessity. MCI 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 MCI to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. MCI 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 June, 2003. Qwest CorporatiQn /4 ,f/rtfl/~ Mary S. H6bson Stoel Rives LLP, Attorneys for Qwest and Michael A. Beach MCI WorldCom APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 Boise-158721.1 0029164-00016 CERTIFICATE OF SERVICE I hereby certify that on this 25th day of June, 2003, 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 Boise, Idaho 83720-0074 jiewell(i:V,puc.state.id. Vice President, Global Carrier Management WorldCom, Inc. 707 1 ih Street Denver, CO 80202 Facsimile: (303) 390-6333 Director, West Public Policy/Law & Public Policy WorldCom, Inc. 707 17th Street Denver, CO 80202 Facsimile: (303) 390-6333 Director, West Public Policy/Law & Public Policy WorldCom, Inc. 6312 South Fiddlers Green Circle - Suite 600 Englewood, CO 80111 Facsimile: (303) 217-4070 Vice President and Chief Technology Counsel Technology Law Group/Law & Public Policy WorldCom, Inc. 1133 19th Street, NW Washington, DC 20036 Facsimile: (202) 736-6903 Debi Hartl Qwest Corporation Legal Dept. - CD&S 7800 East Orchard Road - Suite 250 Englewood, CO 80111 Telephone: (303) 793-6610 dhartl(i:V,qwestcom Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Hand Delivery U. S. Mail Overnight Delivery Facsimile Emai1 Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Hand Delivery U. S. Mail Overnight Delivery Facsimile Email &LWcd/ . Brandi L. Gearhart, PLS Legal Secretary to Mary S. Hobson Stoel Rives LLP APPLICA nON FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 Boise-158721.1 0029164-00016 Internet Service Provider ("ISP") Bound Traffic Amendment to the Interconnection Agreement between Qwest Corporation and MClmetro Access Transmission Services, LLC for the State of Idaho This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest Corporation ("Qwest") , a Colorado corporation , and MClmetro Access Transmission Services LLC ("CLEC" ). CLEC and Qwest shall be known jointly as the "Parties RECITALS WHEREAS , CLEC and Qwest entered into an Interconnection Agreement ("ICA") which was approved by the appropriate state Commission ("Commission ); and WHEREAS , the Parties wish to amend , modify and supersede certain compensation provisions of the ICA, and adopt this intercarrier-compensation mechanism for the mutual exchange of traffic for 10cai/EAS and internet-bound traffic during the term of this ICA, that are addressed in this Amendment and also incorporate the terms of this Amendment into future interconnection agreements between the Parties through March 31 , 2004. WHEREAS, the Parties wish to amend the Agreement to reflect the aforementioned Order 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 following language will act to supersede, amend , and modify the ICA or future interconnection agreement whether negotiated or arbitrated notwithstanding any other provision of this ICA. Any inconsistencies between the provisions of this Amendment and other provisions of the current ICA or future interconnection agreements described above, through March 31 , 2004, will be governed by the provisions of this Amendment, unless this Amendment is specifically and expressly superseded by a future amendment between the Parties. The Parties will not bill one another for functions, as defined in the appropriate ICA, performed in terminating local lEAS and internet-bound traffic, which mayor may not include switching and transport, originated by the end-user of one Party and delivered to the other Party which then terminates the call to its end users. Transport which is not included in the functions, as defined in the appropriate ICA, performed to terminate a call will not be subject to this intercarrier compensation mechanism. The Parties expressly agree that this agreement not ISPAmd - Wireline Interconnection Mcim/id/CDS-021 009-0006 to bill for the functions performed in terminating a call does not apply to charges related to transiting functions, i.e. tandem switching and tandem transport. Transiting function charges shall be levied on the Party originating a call which does not terminate at an end user of the Party providing the transiting function, but rather which terminates to a third party's end user. In addition, when a Party delivers traffic originated by a third party provider to the other Party for termination, both Parties shall bill the originating provider the relevant charges. 2. Effective Date This Amendment shall be deemed effective upon approval by the Commission; however, the Parties agree to implement the provisions of this Amendment as of April 1 , 2001 , and will continue to be effective in this ICA or in future interconnection agreements until March 31 2004. 3. Additional Terms and Conditions Except as modified herein , the provisions of the ICA and any future interconnection agreement described herein through March 31 , 2004, shall remain in full force and effect. Neither the ICA nor this Amendment may be further amended or altered except by written instrument executed by an authorized representative of both Parties. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but such counterparts shall together constitute one and the same instrument. The headings of the Sections of this Amendment are strictly for convenience and shall not in any way be construed to define, modify or restrict the meaning or interpretation of the terms, provisions or conditions of this Amendment. 3.4 This Amendment shall be filed by the Parties with the state commission in each state listed in the recitals above. Neither Party may seek a stay of the state commission s approval of this Amendment or in any way seek to delay, postpone or interfere with the state commission approval of this Amendment , and the Parties will cooperate in the effort to obtain such state commission approval. 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 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. ISPAmd - Wireline Interconnection Mcim/id/CDS-021 009-0006 Entire Agreement 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, or representations by or between the Parties , written or oral, to the extent they relate in any way to the subjects of this Amendment. Reservation of Rights Nothing in this Agreement shall be deemed an admission by Qwest or CLEC concerning the interpretation or effect of the rates, terms or conditions for the subject matter contained in this Amendment or an admission by Qwest or CLEC that the rates, terms or conditions should not be changed, vacated, dismissed , stayed or modified. Nothing in this Amendment shall preclude or estop Qwest or CLEC from taking any position in any forum concerning the proper rates terms or conditions or concerning whether the rates, terms or conditions should be changed vacated, dismissed , stayed or modified. 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. --------- Signature \"J\Q0l u~ \ \\.e -~.( u-.. Name Printed yped \ \( ~ ~ "--~c0 r-. LO-.( I( ,-e.- \(4:.. (' --D ,,~-c QG-\ W\.~G-Af'-'lV\..e Title L. T. Christensen Name PrintedlTyped Director - Business Policy Title b~~\\6\\a~ Date Date ISPAmd - Wireline Interconnection Mcim/id/CDS-021 009-0006