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HomeMy WebLinkAbout20051021Survival of Certain Agreements.pdfSTOEL ECE! \iE D ~; FT1 "- "-, ." 101 S. Capitol Boulevard, Suite 1900 Boise, Idaho 83702 main 208.389.9000 fax 208.389.9040 www.stoel.com "lGO5 ")1 D,r rI j c.. q, ATTORNEYS AT lAW :J, i:CJ F'UBLICiIi' T"., ;:- "'f. """ j:d ij-I"""" """ 'iL.tr'L"vU,I! v l' October W, 2005 MARY S. HOBSON Direct (208) 387-4277 mshobson~stoel.com VIA HAND DELIVERY Jean D. Jewell Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, ill 83720-0074 Ql;JE Re:Qwest / DIECA Communications Inc. dba Covad Communications Company Survival of Certain Agreements Dear Ms. Jewell: As stated in the attached agreement, Qwest Corporation ("Qwest") and DIECA Communications Inc. dba Covad Communications Company ("CLEC") previously filed a new interconnection agreement ("ICA") with the Commission, simultaneously terminating the pre-existing ICA between the parties. Notwithstanding, the parties have agreed that certain amendments to the pre-existing ICA and other agreements would remain operative for their stated terms, or if not specified, the life of the new ICA. The parties now file the enclosed agreement identifying the surviving agreements for information purposes. Nothing herein shall be deemed as a waiver of Qwest's position that the QPP Agreement is not subject to the filing requirements of the federal Telecommunications Act, 47 U.C. 252(e) or CLEC's position that it is subject to those requirements. Very truly yours /k~tt Mary S. Jobson MSH:blg Enclosurecc: Joe Cusick Weldon Stutzman Oregon Washington California Utah Boise-188646.10029164-00016 Idaho SURVIVAL OF CERTAIN AGREEMENTS n r , ", CE\\jED r '2 \ \)t'l \2: l~ 3 This Agreement r~garding the Survival of Certain Agree~e~ts ("Agreem~~~':~\ij tJ~ , DIECA CommUniCations, Inc. d/b/a Covad Communications CoJllparnYHI~CBe~lS8)lOL Virginia corporation , and Qwest Corporation ("Qwest"), a Colorado corporation (collectively, the "Parties On April 22 1999, the Idaho Commission (the "Commission ) approved an Interconnection Agreement between the Parties, for service in the State of Idaho, as referenced in Case No. USW-99-3, Order No. 28012 ("Pre-existing ICA" The Parties have now executed a new Interconnection Agreement, which the Parties are now filing with the Commission for approval ("New ICA"). Upon approval by the Commission, the New ICA will replace the Parties' Pre-existing ICA. The Parties concur that certain agreements (listed below) are to survive the termination of the Pre-existing ICA, and will continue to remain operative as set forth therein for their stated terms or, if not specified , for the life of the New ICA. These agreements were previously filed with and approved by the Commission , except where noted that the agreement is not subject to Section 252 of the Telecommunications Act. Agreement Date Executed Elimination of UNE-P and Implementation of Batch Hot Cut Process (Version 2- (Contract Dated February 25 2005) March 15, 2005 Enhanced Extended Loop (EEL) Amendment (Contract Dated December 17,2004) January 12 , 2005 Commercial Line Sharing Amendment (Contract Dated June 29 2004) July 14, 2004 Expedites for Design Services Amendment (Contract Dated August 19 2004) September 13, 2004 Provided to the Commission for Informational Purposes Only (Not a Section 252 Agreement): Qwest Master Services Agreement V 2-1 (QPP) (Contract Dated February 25, 2005) March 15, 2005 Commercial Line Sharing Arrangements (As amended) April 14, 2004 September 10 2004 09-20-05/ccd/D I E CA-Covad/l 0 Ag reed: DIECA Communications, Inc. d/b/a Covad Communications Company fir ~ ti Sig lure ,/' C\m Name PrintedlTyped SUP be~( Title 10 Is IDS- (! our! E l Date 09-20-05/ccd/DI E CA-Covadll 0 Qwest Corporation Signature 1-. CJ1I1stef'/~ei1 Name PrintedlTyped iP-L'tol - ;: Vltellcvmec rico( 1P;!...~VI1~ Title )I/JO 105 Date