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Home My WebLink About20041217Amendment.pdfc, ,... i , 0/1- n: L. L/ t. k V ,:'. \':"j ,_.", 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 mshobson~stoel.com ~! ~ ..._=. .. f)r" ...~ I C. ~"' -~O " ~ ' lOb,) UEL I 0 "' . v t ; ' ) L 1\ UTILfY-iES COf'if"liSS!ON Tina Davis Time Warner Telecom 10475 Park Meadows Drive Littleton, CO 80124 Telephone: (303) 566-1279 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION JOINT APPLICATION OF QWEST CORPORATION AND TIME WARNER TELECOM OF IDAHO LLC FOR APPROV AL OF A WIRE LINE INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~252(E) CASE NO.: QWE-O4- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCO NNECTI 0 N AGREEMENT Qwest Corporation ("Qwest") and Time Warner Telecom of Idaho LLC ("Time Warner hereby jointly file this Application for Approval of Amendment to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public Utilities Commission on August 2 2004 (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 portion(s) thereot) 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. Time Warner and Qwest respectfully submit this Amendment provides no basis for either of these findings, and, therefore jointly request that the Commission approve this Amendment APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 1 Boise-179424.1 0029164-00016 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 Time Warner to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Time W ~er 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 16th day of December, 2004. Qwest Corporation obson ves LLP, Attorneys for Qwest and Tina Davis Time Warner Telecom APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2 Boise-179424.1 0029164-00016 CERTIFICATE OF SERVICE I hereby certify that on this 16th day of December, 2004, 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 ij ewell~puc.state.id. us Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Tina Davis Time Warner Telecom 10475 Park Meadows Drive Littleton, CO 80124 Telephone: (303) 566-1279 ~d/ ~AaJ- Brandi L. Gea art, PLS Legal Secretary to Mary S. Hobson Stoel Rives LLP APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 3 Boise-179424.10029164-00016 Special Promotion for Available Inventory Collocation Sites Amendment to the Interconnection Agreement between awest Corporation and Time Warner Telecom of Idaho LLC For the State of Idaho This Amendment ("Amendment") to the Interconnection Agreement between Qwest Corporation ("Qwest" and Time Warner Telecom of Idaho LLC ("TWTC") for the state of Idaho ("Parties' Interconnection Agreement") provides for a limited time, promotional rates for Available Inventory Collocations on Available Inventory Sites, which are identified at http://www.awestcom/cai-bin/whoiesale/collocation.cai. 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(g)awestcom Requirement for Collocation Available Inventory Amendment. To receive the promotional rates, TWTC must execute and submit this Amendment to Qwest, and TWTC must either: (1) have previously executed and submitted to Qwest the Collocation Available Inventory Amendment; or (2) execute and submit the Collocation Available Inventory Amendment concurrent with the submission of this executed Amendment Promotional Rates. The Special Promotional Rates under this Amendment are as follows: Standard Sites" and "Special Sites" Non Recurring Charge ("NRC") discounts for Available Inventory sites will be 850/0 off rates contained in the Parties' Interconnection Agreement for applications received during the timeframe identified above. Expiration. The Special Promotional Rates for Available Inventory requests will sunset or expire on March 31, 2005. Should Qwest choose to offer a similar promotion in the future, Qwest reserves the right to modify or change the rates, terms, and conditions. Existing Interconnection Agreement. Apart from the rates, terms, and conditions of this Amendment (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). Commission Approval and Implementation. This Amendment is subject to the approval of an applicable commission. The Parties agree, however, to implement the provisions of this Amendment upon execution. Entire Agreement. This Amendment (including the Interconnection Agreement as amended), constitutes the full and entire understanding and agreement between the Parties with regard to the subject matter of this Amendment Time Warner Telecom of Idaho LLC By: Time Warner Telecom Holdings Inc. Its sole member awest Corporation rCL-( SignatureSignature Tina Davis Vice ri e!~::~Name PrintedfTyped Deputy General Counse~ LT. Christensen Name PrintedfTyped , 0" r, (. : I "':C1 i ; ;0 ( !: I' ~ i ,I.L., ,--, \' . LvU"i' Director - Interconnection Aareements Title l2- /~ kif Title Date Date December 6, 2004/lhd/Time Warner/ Amend-1 stOtr-2005SpecPromCollo-1 D Amendment to: CDS-040622-0003 Template version 10-18-