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Home My WebLink About20110524Amendment.pdf. . . Qwest 1600 7th Avenue, Room 1506 Seatte, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 Maura E. Peterson Paralegal Regulatory Law May 23, 2011 Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 RECEIVED 20H MAY 2tl M1 9: 54 Qwest~ Spirit of Service~ Via Overnight delivery Re: Case No. QWE-T-05-16 Application for Approval of Amendment to the Interconnection Agreement Dear Ms. Jewell: Enclosed for fiing 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. No rate changes have been made to this agreement for the State of Idaho. I have attached Exhibit A for your information only. Please contact me if you have any questions concerning the enclosed. Thank you for your assistance in this matter. '- mep Enclosure cc: Service list .Lisa A. Anderl (WSBA#13236 ) Qwest 1600 7th Ave, Room 1506 Seattle, W A 98191 Telephone: (206) 398-2500 Facsimile: (206) 343-4040 Lisa.anderl (gqwest.com RECEIVED iUll "'MY 24 AM 9: 55 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORATION FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e) CASE NO.: QWE-T-05-16 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 August 29,2005 (the "Agreement"). The Amendment with Teton Communications, Inc. ("Teton) 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 carrer 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 wil enable Teton to. APPLICATION FOR APPRO V AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1 TETON COMMUNICATIONS, INC. 800 Pageline Amendment . . . interconnect with Qwest facilities and to provide customers with increased choices among local paging 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 thtJubliC interest. Respectfully submitted this i~ day of May, 2011. Lisa A. Ande Attorney for Qwest APPLICATION FOR APPRO V AL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 TETON COMMUNICATIONS, INC. 800 Pageline Amendment . CERTIFICATE OF SERVICE I hereby certify that on this V:fO day of May, 2011, 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 P.O. Box 83720 Boise, Idaho 83720-0074 ¡jewell (gpuc.state.id.us Hand Deli very U. S. Mail -X Overnight Deli very Facsimile Email Rick Hafla rick (g tetoncommunications.com Hand Deli very U. S. Mail Overnight Deli very _X_email .Leslie Johnson Qwest Corporation . APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 TETON COMMUNICATIONS, INC. 800 Page line Amendment OocuSign Envelope 10: 6E062E86-6F88-1 E3-BF9F-23A068F43E70 . . . RECEIVED 800 Pageline Amendment to the Type 1 and Type 2 Paging Connection Service AgreemPlkAY 24 AM 9= 5..5.. between Qwest Corporation and Teton Communications, Inc. for the State of Idaho This is an Amendment ("Amendment") to the Type 1 and Type 2 Paging Connection Service Agreement between Qwest Corporation ("Qwest"), a Colorado corporation, and Teton Communications, Inc. ("Paging Providet'), incorporated in the State of Idaho. Qwest and Paging Provider shall be known jointly as "the Parties". RECITALS WHEREAS, the Parties entered into a Type 1 and Type 2 Paging Connection Service Agreement ("Agreement"), for service in the State of Idaho, that was approved by the Commission on August 29, 2005; and WHEREAS, Qwest provides 800 Page line to Paging Provider; and WHEREAS, the Parties agree to amend the Agreement under the rates, 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 suffciency of which is hereby acknowledged, the Parties agree as follows: Amendment Terms The Agreement is hereby amended by adding terms, conditions and rates for 800 Pageline, as set forth in Attachment 1 and Exhibit A, attached hereto and incorporated herein by this reference. 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. 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, wil 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. ~ April 28, 2011/mmsll800 Pageline AmdlTeton Comm/lD Amendment to CDS-050615-0001 OocuSign Envelope 10: 6E062E86-6F88-41 E3-8F9F-23A068F43E70 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. Teton Communications, Inc.Qwest Corporation Signature r-DoeSiitd by L~~7:!:7 (2EaFCR.D0~..i::~:::;Fil.Signature Rick Hafla Name PrintedfTyped L. T. Christensen Name PrintedfTyped secretary Treasurer Director - Wholesale Contracts TitleTitle 5/3/2011 5/3/2011 Date Date April 28, 2011/mmsl1800 Pageline AmdlTeton Comm/lD Amendment to CDS-050615-0001 . . . 2 OocuSign Envelope 10: 6E062EB6-6FBB-41 E3-BF9F-23A06BF43E70 . . . ATTACHMENT 1 800 Pageline 1.0 SERVICE DESCRIPTION 800 Pageline provides toll-free, intrastate/intraLATA, LATA-wide callng for Landline end- users to contact Type 1 Paging Provider's paging customers. 800 Pageline allows Type 1 Paging Provider to provide its customers individual 800 numbers utilizing 800 NXX codes designated for FCC Part 22 or Part 90 carriers only. 2.0 PROVISIONING OF SERVICE (a) Qwest provides blocks of twenty sequential 800 Service Numbers. Type 1 Paging Provider may reserve these numbers. Provisioning of 800 Pageline is subject to availabilty of 800 Service Numbers. (b) To acquire 800 Pageline, it is necessary to subscribe to Type 1 Service, provided by Qwest under this interconnection agreement. 3.0 CHARGES AND PAYMENTS 800 Page line Service numbers are offered per Exhibit A. April 28, 2011/mmsll800 Pageline AmdlTeton CommllD Amendment to CDS-050615-0001 3