20070123Amendment.pdf

2001 JAN 23 PH 2: 0 I
Qwest~
Spirit of Service
Owest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone]
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Maura E. Peterson
Paralegal
Regulatory Law
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Via Overnight delivery
January 18 2007
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE- T -05-
Application for Approval of Amendment to the Interconnection Agreement
Prime Time Ventures, LLC
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,)(ol,Yhave any questions concerning the enclosed.
assistance in this matt~k
~rely, ('
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Maura E. Pete~Ql)
Thank you for your
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Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr(illq west. com
R E C E i \/
2007 JMJ 23 rf1 2:
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~2S2(e)
CASE NO.: QWE-OS-
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 March 31 , 2005 (the "Agreement"). The Amendment with Prime Time
Ventures, LLC ("Prime Time ) 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 ofthe State ofIdaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment will enable Prime
APPLICA nON FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Prime Time Ventures, LLC
Amendment for Qwest Digital Subscriber Line
Time 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 nt:.;, of January, 2007.
Attorney for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Prime Time Ventures, LLC
Amendment for Qwest Digital Subscriber Line
CERTIFICATE OF SERVICE
I hereby certify that on this \lb~day of January, 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. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Jeff Rhoden-President
Prime Time Ventures, LLC
288 S. Pacific Hwy
Talent, OR 97540
Hand Delivery
---1L U. S. Mail
Overnight Delivery
Facsimile
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Prime Time Ventures, LLC
Amendment for Qwest Digital Subscriber Line
Qwest Digital Subscriber Line (Qwest DSL 1M) Amendment
to the Interconnection Agreement between
Qwest Corporation
and
Prime Time Ventures, LLC
for the State of Idaho
This is an Amendment ("Amendment"to the Interconnection Agreement between
Qwest Corporation ("Qwest") , a Colorado corporation, and Prime Time Ventures, LLC ("CLEC"
Qwest and CLEC shall be known jointly as the ("Parties
RECITALS
WHEREAS , the Parties entered into an Interconnection Agreement, for service in the State of
Idaho, that was approved by the Idaho Public Utilities Commission on March 31 , 2005, as
referenced in Case No. QWE-05-, Order No. 29746 ("Agreement"); and
WHEREAS, the Parties agree 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 modifying terms and conditions for Qwest Digital
Subscriber Line (Qwest DSL TM) as set forth in Attachment 1 , to this Amendment, attached
hereto and incorporated herein by this reference.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission; however, the
Parties agree to implement the provisions of this Amendment upon execution. Qwest shall
implement any necessary billing changes within two (2) billing cycles after the latest execution
date of this Amendment.
Amendments: Waivers
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.
December 14, 2006/msd/Prime Time Ventures/DSL Removal/lD
Amendment to CDS-O50302-0012
Entire Agreement
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.
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Signature
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Name PrintedlTyped
Signature
L. T. Christensen
Name PrintedlTyped
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Title
Date
Director - Interconnection Agreements
Title
jt'c
Date
December 14, 2006/msd/Prime Time Ventures/DSL RemovalllD
Amendment to CDS-O50302-0012
ATTACHMENT 1
ATTACHMENT 1
Qwest Digital Subscriber Line (Qwest DSL TM) General
In the Report and Order and Notice of Proposed Rulemaking issued simultaneously in
the Appropriate Framework for Broadband Access to the Internet over Wireline Facilities
Proceeding, Docket No. 02-33 (and associated dockets), FCC 05-150 ("Order') , effective
November 16, 2005 , the FCC determined that facilities-based wireline broadband Internet
access service is an information service. The Order permits carriers such as Qwest to offer
broadband Internet access services on either a Title I or Title II basis. Qwest has decided to
offer Qwest High Speed Internet Service (also known as Qwest Digital Subscriber Line (Qwest
DSLTM) service) on a Title I basis. With this reclassification , Qwest has elected to withdraw its
tariffed DSL offerings.
2 CLEC's Interconnection Agreement includes access to certain Qwest DSL TM products
including, but not limited to, when purchased in conjunction with certain UNE-P and/or Resale
services.
As of the execution date of this Amendment, CLEC shall not order or purchase and
Qwest will not offer or provide any Qwest DSL TM services out of CLEC's existing Interconnection
Agreement(s) with Qwest. Notwithstanding, nothing in this Amendment shall prevent Qwest
from offering or providing commercially negotiated replacement products to CLEC.
December 14 2006/msd/Prime Time Ventures/DSL RemovalllD
Amendment to CDS-O50302-0012