20050803Amendment.pdf

Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
msho bson~stoel.com
rjlt: r' ~ \V L
- -. ~,~."-'::"
~~ED C~J
'?nn~~HG - 3 Pt\ 4 . thAI K.."
ii\ ;r\ U8LlCIV ,1'-...T\ES COr1HI -
-,I
,- \ "
BEFO RE THE IDAHO PUBLIC UTILITIES CO MMISSI ON
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
INTER CO NNECTI ON 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 Vycera
Communications, Inc. ("Vycera ) 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) 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 Vycera to
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 1
Vycera Communications, Inc.
Boise-186146.1 0029164-00016
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 3rd day of August, 2005.
Qwest Corporation
Stoel Rives LLP, Attorneys for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 2
Vycera Communications, Inc.
Boise-186146.10029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 3rd day of August, 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
i i ewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Dale Dixon, Jr.
Vycera Communications, Inc.
12750 High Bluff Drive - Suite 200
San Diego, CA 92130
Telephone: [phone]
Facsimile: [phone]
ddixon~vycera.com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
~~/
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 3
Vycera Communications, Inc.
Boise-186146.1 0029164-00016
Rate Update Amendment
to the Interconnection Agreement
between
Qwest Corporation and
Vycera Communications, Inc.
for the State of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest
Corporation ("Qwest"), a Colorado corporation, and Vycera Communications, Inc. ("CLEC"
CLEC and Qwest shall be known jointly as the "Parties
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement for service in the state of
Idaho, which was approved by the Idaho Public Utilities Commission ("Commission
Agreement"); 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
Exhibit A of the Agreement is hereby amended by adding the rates for Directory Assistance and
Toll and Assistance Operator Services as set forth in Exhibit A attached hereto and incorporated
herein.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission; however, theParties may agree to implement the provisions of this Amendment upon execution. To
accommodate this need, CLEC must generate, if necessary, an updated Customer
Questionnaire. In addition to the Questionnaire, all system updates will need to be completed
by Qwest. CLEC will be notified when all system changes have been made. Actual order
processing may begin once these requirements have been met. Additionally, Qwest shall
implement any necessary billing changes within two (2) billing cycles after the latest execution
date of this Amendment, with a true-up back to the latest execution date of this Amendment
the end of the second billing cycle. So long as Qwest implements the billing changes and the
true-up as set forth above, CLEC shall not dispute the bills related to such billing changes and
true-up on the grounds of timeliness.
Further Amendments
Except as modified herein, the provisions of the Agreement shall remain in full force and effect.
07-21-2005/makNycera Communications, Inc./Rate Update/lD
Amendment to: CDS-O50126-0049
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.
Entire Aareement
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,
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.
Vycera Communications, Inc.Qwest Corporation
-----tT Signature
L. T. Christensen
Name Printed/Typed
J~\M ICf.,O
Title
).10 ?-o 'OS"
Date
Director - Interconnection AQreements
Title
Date
07-21-2005/makNycera Communications, Inc.lRate Update/lD
Amendment to: CDS-O50126-0049
Exhibit A
Idaho
Select the appropriate type of contract below.EAS / Local Traffic Reciprocal
For cost docket changes, leave blank:Compensation Election
New Notes
10.Directory Assistance Facility Based Providers
10.Local Directorv Assistance, per Call $0.
10.National Directorv Assistance, per Call $0.
10.4.Call Brandino, Set- Up and Recordino $35,000.
10.Loadina Brand, per Switch $500.
10.4.Call Completion Link, per Call $0.0893
10.Toll and Assistance Operator Services. Facilitv Based Providers.
10.Option A - Per Messaoe
10.Operator Handled Callina Card $1.
10.1 .Machine Handled Callina Card $0.
10.1 .Station Call $1.
10.Person Call $3.
10.Connect to Directorv Assistance $0.
10.Busy Line Verifv, per Call $0.
10.Busv Line Interrupt $0.
10.Operator Assistance, per Call $0.
10.Option B - Per Operator Work Second and Computer Handled Calls
10.Operator Handled, per Operator Work Second $0.02800
10.Machine Handled, per Call $0.25000
10.Call Brandina, Set-Up & Recordina $10 500.
10.2.4 Loadina Brand/Per Switch $800.
NOTES:
Unless otherwise indicated, all rates are pursuant to Idaho Public Utilities Commission Dockets:
B Cost Docket OWE-01-11 , Order No. 29408 (January 5, 2004) rates effective January 5, 2004.
Owest Idaho SGAT Third Revision Exhibit A 6th Amended February 11 , 2005 Page 1 of 1