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HomeMy WebLinkAbout20050118Amendment.pdfMary 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 RECEIVED mFILED 2805 JAti 18 PM~Lt:f4' IDl\J'lO PUBLiC UTILITIES COMMISSION Steve Mossbrook Contact Communications, Inc. 937 West Main Street Riverton, VVY 82501 Telephone: (307) 856-6400 Facsimile: (307) 856-0980 stevec?0wyoming.com BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION JOINT APPLICATION OF QWEST CORPORATION AND CONTACT COMMUNICATIONS, INC. FOR APPROVAL OF A WIRE LINE INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~252(E) CASE NO.: QWE-O3- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") and Contact Communications, Inc. ("Contact") hereby jointly file this Application for Approval of Amendment to the Interconnection Agreement Amendment"), which was approved by the Idaho Public Utilities Commission on January 29 2003 (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) discrimi~ates 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-180496.10029164-00016 Contact and Qwest respectfully submit this Amendment provides no basis for either 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 Contact to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Contact 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 18th day of January, 2005. Qwest Corporation Mary S. son Stoel R1 es LLP, Attorneys for Qwest and Steve Mossbrook Contact Communications, Inc. APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2 Boise-180496.1 0029164-00016 CERTIFICATE OF SERVICE I hereby certify that on this 18th day of January, 2005 , 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 Delivery U. S. Mail Overnight Delivery Facsimile Email Steve Mossbrook Contact Communications, Inc. 937 West Main Street Riverton, VVY 82501 Telephone: (307) 856-6400 Facsimile: (307) 856-0980 stev ec?0wyoming. com Hand Delivery U. S. Mail Overnight Delivery Facsimile Email ~c:b/ dad~ Brandi L. Gearhart, PLS Legal Secretary to Mary S. Hobson Stoel Rives LLP APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 3 Boise-180496.1 0029164-00016 Special Promotion Amendment for Available Inventory Collocation Sites between Qwest Corporation and Contact Communications, Inc. for the State of Idaho This Agreement between Owest Corporation ("Owest"), a Colorado corporation, and Contact Communications, Inc. ("CLEC"), a Wyoming corporation , provides for limited time, promotional rates for Available Inventory Collocations on Available Inventory Sites which are identified at http://www.qwestcom/cQi-bin/wholesale/coliocation.cQi.The Parties acknowledge that they have previously entered into an Interconnection Agreement in the applicable state. Limited Time Offer. The promotional rates provided for herein apply only to Available Inventory applications received between January 2, 2005 and March 31 , 2005. The collocation applications must be submitted through the normal channel via rfsmet(Q).qwestcom Requirement for Collocation Available Inventory Amendment. To receive the promotional rates CLEC must execute and submit this Agreement to Owest, and CLEC must either: (1) have previously executed and submitted to Owest the Collocation Available Inventory Amendment; or (2) execute and submit the Collocation Available Inventory Amendment concurrent with the submission of this executed Agreement Promotional Rates. The Special Promotional Rates under this Agreement are as follows: Standard Sites" and "Special Sites" Non Recurring Charge ("NRC") discounts for Available Inventory sites will be 85% off rates contained in your Interconnection Agreement for applications received during the timeframe identified above. Expiration. The Promotional Rates for Available Inventory requests will sunset or expire on March 31 2005. Should Owest choose to offer a similar promotioll' in the future, Owest reserves the right to modify or change the rates, terms, and conditions. Existing Interconnection Agreement. Apart from the rates, terms , and conditions of this Agreement (all of which expire on March 31 , 2005), all other rates, terms, and conditions for collocation are contained in the Parties' Interconnection Agreement as amended (including, without limitation, the Collocation Available Inventory Amendment). State Commission Approval and Implementation. This Agreement is subject to the approval of an applicable state commission. The Parties agree, however, to implement the provisions of this Agreement upon execution. Entire Agreement. This Agreement (including the Interconnection Agreement as amended, which was incorporated by reference) constitutes the full and entire understanding and agreement between the parties with regard to the subjects of this Agreement. Contact Communications, Inc.~ ,2/Igna ur S -d~iI\ () S~J b.rno KName PrintedlTyped 1e~1 Oer\ Title Qwest LI1-- Signature L. T. Christensen Name PrintedlTyped Director - Interconnection Aqreements Title Date Date , III los-l- 2-OtJS January 6, 2005/msd/Contact Comm/Collo Special Promo-1QO5/ID Amendment to CDS-O21226-0002