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Home My WebLink About20051216Amendment.pdfCE\\' I., STOEL ~~, ... ~ 0 ,~ '). ! - .t. L\,,) 1, "- 101 5, Capitol Boulevard, Suite 1900 Boise, Idaho 83702 main 208.389,9000 fax 208,389,9040 ATTORNEYS AT lAW .':,~~~, \i'J "...U\i,S\OI' I; ..,, ,.. www,stoel.com December 16, 2005 MARY S. HOBSON Direct (208) 387.4277 mshobson(ij)stoe1.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-O5- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT VCI Company 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. Please contact me if you have any questions concerning the enclosed. Thank you for your assistance in this matter. Very truly yours 11 e/ /t--L/(/(j c:.:;rlh-l--Mary S. Hy,son :blm Enclosurecc: Service List Oregon Washington California Utah Boise-190999.10029164-00016 Idaho ~CEIVED .... ;, 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 ! r: o,,~ '). ' , . " i I f i.' L~ JLiC; : ikS CDr:i1iSSIO;J 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-O5- 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 May 5, 2005 (the "Agreement"). The Amendment with VCI Company VCI") 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 APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1 VCI Company Security Deposit Boise-190997.10029164-00016 Communications Commission. Expeditious approval of this Amendment will enable VCI 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 16th day of December, 2005. Qwest Corporation ttit,z~, ~~ ---=- Mary S. Hopson Stoel Riv~~ LLP, Attorneys for Qwest APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 VCI Company Security Deposit Boise-190997.10029164-00016 CERTIFICATE OF SERVICE I hereby certify that on this 16th day of December, 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 ii ewell~puc.state.id. us -L Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Malia Tasi VCI Company 3875 Steilacoom Boulevard - SW #A Lakewood, W A 98499 Telephone: (206) 310 6458 Facsimile: (253) 475-6328 provisi oning~vcicompany. com Hand Delivery U. S. Mail Overnight Delivery Facsimile Email ~~ '#. ;?1 dhr Brandi L. McMahon, PLS Legal Secretary to Mary S. Hobson Stoel Rives LLP APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 VCI Company Security Deposit Boise-190997.1 0029164-00016 Amendment to the Interconnection Agreement between Qwest Corporation and VCI Company for the State of Idaho This is an Amendment ("Amendment") to the Interconnection Agreement between Owest Corporation ("Owest"), a Colorado corporation, and VCI Company ("CLEC" ). CLEC and Owest shall be known jointly as the "Parties RECITALS WHEREAS , CLEC and Owest entered into an Interconnection Agreement ("Agreement") for service in the state of Idaho 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 deleting the following sentences from Section 5.4.5 of the Agreement: Repeatedly delinquent" means any payment received thirty (30) calendar Days or more after the payment Due Date, three (3) or more times during a twelve (12) month period. The deposit may not exceed the estimated total monthly charges for an average two (2) month period within the 1 st three (3) months for all services. and replacing them with the following: Repeatedly delinquent" means any payment received fifteen (15) calendar Days or more after the payment Due Date, three (3) or more times during a twelve (12) month period. The deposit may not exceed the estimated total monthly charges for an average two (2) month period within the most recent three (3) months for all services. Effective Date This Amendment shall be deemed effective upon approval by the Commission; however, the Parties may agree to implement the provisions of this Amendment upon execution. Amendment Waivers The provisions of this Agreement, including the provisions of this sentence, may not be amended , modified or supplemented , and waivers or consents to departures from the provisions of this Agreement may not be given without the written consent thereto by both Parties November 9, 2005/lhdNCI Company/Idaho Amendment to CDS-O40915-0016 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. Entire Agreement This Agreement (including the documents referred to herein) constitutes the full and entire understanding and agreement between the parties with regard to the subjects of this Agreement 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 Agreement. ~m::L Signature ----- Stan Efferdinq Name Printed/Typed L.T. Christensen Name Printed/Typed Secretarv/Treasurer Title Director - Interconnection AQreements Title I'C A)o&I INovember 2005 Date Date November 9, 2005/lhdNCI Company/Idaho Amendment to CDS-O40915-0016