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Home My WebLink About20070425Amendment.pdfQwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 'tOi;! tl i::?, ?5 9: 30 Qwest~ Spirit of Service Maura E. Peterson Paralegal Regulatory Law Il.\U\\ 00 - .~::,. S~~\' Via Overnight delivery April 24, 2007 Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise , Idaho 83720-0074 Re: Case No. QWE- T -04- Application for Approval of Amendment to the Interconnection Agreement AT&T Communications of the Mountain States, Inc. Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and three (3) copies of the 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. Ple~se con~-a have any questions concerning the enclosed. assIstance III ~ter f1tce / ~E.~:te ---.....-..- Thank you for your mep Enclosure cc: Service list Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 3206 Seattle, WA 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam.sherr~qwest.com r,'i!j\~")"J 1.\\9:2,0 G u I h, ", " \ ,. \! , \Jf\ \'r,\~~~ ;~, i" ,n I 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.: USW-O4- 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 June 24, 2004 (the "Agreement"). The Amendment with AT&T Communications ofthe Mountain States, Inc. ("AT&T") 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 TelecommunicationsAct 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 Communications Commission. Expeditious approval of this Amendment will enable AT&T to APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1 Rate Amendment-AT&T 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 lJI!aay of April, 2007. Adam L. Sherr Attorney for Qwest APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 Rate Amendment-AT&T CERTIFICATE OF SERVICE I hereby certify that on this 24th day of April, 2007, 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 iiewell~puc.state.id. Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Bill C. Peacock AT&T Corp. 6304 Highway 5 Douglasville, GA 30135 Hand Delivery U. S. Mail Overnight Delivery - Facsimjle---- ~j-'\ ' (71 Maura Peters Paralegal, Qwest APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 Rate Amendment-AT&T Rate Amendment Amendment Number 5 to the Interconnection Agreement between AT&T Communications of the Mountain States, Inc. and Qwest Corporation for the State of Idaho This Amendment ("Amendment"is made and entered into by and between AT&T Communications of the Mountain States, Inc. ("CLEC") and Owest Corporation Owest"). Owest and CLEC shall be known jointly as the "Parties. RECITALS WHEREAS, the Parties entered into an Interconnection Agreement (the "Agreement") that was approved by the Commission; and WHEREAS, the Parties desire to amend the Agreement further by adding the terms, conditions and rates 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 Pursuant to Section 2.2 of the Agreement, this Amendment is made in order to amend Exhibit A attached hereto and incorporated herein , to correct inadvertent errors in the Power Reduction Section. Effective Date This Amendment shall be deemed effective upon approval by the Commission. However pursuant to the Commission order, the rates are effective as set forth therein. 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. AT&T - Amendment to CDS-O40129-0006 Entire AQreement 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. AT&T Communications of the Mountain Sta ~~ t-~ Authorized Sig ature Qwest c ~ ~ (J ( Authorized Signature Billy C. Peacock Name Printed/Typed L. 1. Christensen Name Printed/Typed "3 -- -u.JcJ7 Director - Interconnection Aqreements Title yt)7Date Director - Financial Analysis Title Date AT&T - Amendment to CDS-O40129-0006 Idaho $64. NOTES: B: Cost Docket QWE-01-11 Phase 1 Order No. 29408 (January 5 2004) effective January 5.2004.