20070309Amended Complaint.pdf

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A T TOR N E V S AT I. A W
Molly O'Leary
Tel: [phone] fax: [phone]
moll y€l'richa rdso nand olea ryo com
1'.0. Box 7218 Bois. 11), 83707 - 515 N, 27rh Sr. Bo;s.. 11). 83702
9 March 2007
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
POBox 83720
Boise ID 83720-0074
Via HAND DELIVERY
RE: Case No, QWE-06-
Dear Ms. Jewell:
Enclosed please fmd an original and seven (7) copies of AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES, INC.'S RESPONSE TO
COMMISSION ORDER 30247 & AT&T'S AMENDED COMPLAINT,
I have also enclosed an extra copy of each of the foregoing pleadings
to be service-dated and returned to us for our files. Thank you.
encl.
Molly O'Leary (ISB No. 4996)
RICHARDSON & O'LEARY PLLC
515 North 2ih Street
Oh Box 7218
Boise, Idaho 83707
Telephone: [phone]
Fax: [phone]
Mail: molly~richardsonandoleary.com
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Theodore A. Livingston
Dennis G. Friedman
J. Tyson Covey
Lauren Frank Noll
MAYER, BROWN, ROWE & MAW LLP
71 South Wacker Drive
Chicago, IL 60606-4637
Telephone: [phone]
Fax: [phone]
Mail: dfriedman~mayerbrown.com
Dan Foley
General Attorney & Assistant General Counsel
AT&T WEST
P. O. Box 11010; 645 E. Plumb Lane, B132
Reno, Nevada 89520
Telephone: [phone]
Fax: [phone]
Mail: df6929~att.com
Attorneys for Complainant AT&T Communications of the Mountain States, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
AT&T COMMUNICATIONS OF THE MOUNTAIN )
STATES , INC.
CASE NO. QWE-06-
Complainant
vs.AMENDED COMPLAINT
QWEST CORPORATION
Respondent.
AMENDED COMPLAINT
Complainant AT&T Communications of the Mountain States, Inco ("AT&T"), by its
undersigned attorneys, complains against Respondent Qwest Corporation ("Qwest") as follows:
INTRODUCTION
During the period at issue here (October 2000 through June 2002), AT&T and Qwest
were parties to an agreement, approved by the Idaho Public Utilities Commission, pursuant to which
Qwest provided various products and services to AT&T in Idaho ("AT&T Agreement"). The AT&T
Agreement required Qwest to make available to AT&T the rates, terms, and conditions of any other
similar agreements to which Qwest was a party in Idaho. See Exo 1 hereto, Sections 2.1 and 24.
see also id.Scope of Agreement, Section B.
Beginning on or about November 15, 2000, Qwest entered into a secret agreement
with Eschelon Telecom Inco ("Eschelon ) 0 That agreement (the "Eschelon Agreement") established
rates, terms, and conditions for telecommunications service and facilities that Qwest provided, or
agreed to provide, to Eschelon, including rates, terms, and conditions that were not contained in
agreements with other similarly situated companies, including AT&To These terms included a
discount for Eschelon of up to 10% on all products and services it obtained from Qwest, and Qwest
provided those discounts to Eschelon while the Eschelon Agreement was in effect. Qwest did not
make these discounts available to AT&T.
Beginning on or about October 26, 2000, Qwest entered into a secret oral agreement
with McLeodUSA Telecommunications Services, Inc. ("McLeod"). That agreement (the "McLeod
Agreement") established rates, terms and conditions for telecommunications services and facilities
that Qwest provided, or agreed to provide, to McLeod, including rates, terms, and conditions that
were not contained in agreements with other similarly situated companies, including AT&T. These
AT&T AMENDED COMPLAINT AGAINST QWEST - 2
terms included a discount for McLeod of up to 10% on all products and services it obtained from
Qwest, and Qwest provided those discounts while the McLeod Agreement was in effect. Qwest did
not make these same discounts available to AT&T.
To the best of AT&T's information and belief, the Eschelon Agreement was in effect
and discounts were provided by Qwest from November 15 2000 through March 1 2002, and the
McLeod Agreement was in effect and discounts were provided by Qwest from October 26, 2000
through June 30, 2002.
In addition, both Eschelon and McLeod received payments from Qwest for
terminating the Eschelon Agreement and McLeod Agreement, respectively, earlier than the
agreements otherwise would have been terminated.
If Qwest had made the terms of the secret agreements with Eschelon and McLeod
available to AT&T as required by the AT&T Agreement, AT&T would have availed itself of the
benefits of the Eschelon and McLeod Agreements.
The amounts that AT&T paid Qwest for services during the time period in which the
Eschelon and McLeod Agreements were in effect were approximately ten percent higher than the
amounts that Eschelon and McLeod paid Qwest for the same or comparable services pursuant to the
secret agreements.
As a consequence of Qwest' s breach of the AT&T Agreement , AT&T has suffered
damages consisting of, at a minimum, (i) the difference between what it paid Qwest and the amount
it would have paid if Qwest had charged it the lower rates it should have charged it during the period
when the Eschelon and McLeod Agreements were in effect, plus (ii) an amount to reflect the
additional de facto discount provided to Eschelon and Qwest in exchange for terminating their secret
discount agreements earlier than planned. Those damages exceed $650 000.
AT&T AMENDED COMPLAINT AGAINST QWEST - 3
THE PARTIES
AT&T is a Colorado corporation with its principal place of business in New Jersey.
AT&T provides telephone exchange service, exchange access and other telecommunications and
information services within the State of Idaho.
10.Qwest is a Colorado corporation with its principal place of business in Colorado.
Qwest provides telephone exchange service, exchange access and other telecommunications and
information services within the State of Idaho.
JURISDICTION AND VENUE
11.AT&T brings this Complaint pursuant to its contract with Qwest and Idaho
common law of contract.
COUNT I
Breach of Contract
120 The allegations of paragraphs 1 through 11 are repeated and realleged as paragraph
12 of Count I.
13.Qwest's conduct as alleged above breached Qwest's obligations under Sections 2.
and 24.1 of the AT&T Agreement, as well as Section B ofthe "Scope of Agreement." Section 20 1 of
the AT&T Agreement provides that:
Until such time as there is a final court determination interpreting
Section 252(i) of the Act, (Qwest) shall make available to AT&T the
terms and conditions of any other agreement for interconnection
unbundled network elements and resale services approved by the
Commission under Section 252 of the Act, in that agreement('
entirety .
AT&T AMENDED COMPLAINT AGAINST QWEST - 4
As discussed above, Qwest breached Section 2.1 by failing to make available to AT&T the terms
and conditions of agreements between Qwest and Eschelon and McLeod regarding interconnection
unbundled network elements, and resale services
Section 24.1 of the AT&T Agreement provides that:
Each Party shall comply with all applicable federal, state, and local
laws, rules and regulations applicable to its performance under this
Agreement.
As discussed above, Qwest breached Section 24.1 by failing to comply with laws, rules, and
regulations applicable to its performance under its contract with AT&T. Specifically, Qwest failed
to provide intrastate access services and other products and services to AT&T in a nondiscriminatory
manner as required by Idaho Code 9 62-609.
Section B of the "Scope of Agreement" in the AT&T Agreement provides
that:
In the performance oftheir obligations under this Agreement, the
Parties shall act in good faith and consistently with the intent of the
Act.
As discussed above, Qwest breached this provision by failing to act in good faith, in that it provided
secret discounts to other carriers on the same products and services then being purchased by AT&T
without making those same discounts available to AT&T. Qwest also breached its duty of good
faith by frustrating the purpose of Section 2.1 of the agreement when it failed to have the Eschelon
and McLeod agreements "approved by the Commission under Section 252 of the Act."
14.Qwest's conduct also breached the implied covenants of good faith and fair dealing
that were part of Qwest's obligations under the AT&T Agreement. Those covenants included an
obligation by Qwest to comply with Section 62-609 ofthe Idaho Code, which prohibits
telecommunications companies such as Qwest from granting preferences to other telephone
AT&T AMENDED COMPLAINT AGAINST QWEST - 5
corporations with respect to its prices or charges; from subjecting any telephone corporations to any
prejudice or competitive disadvantage with respect to its prices or charges for providing access to its
local exchange network, and from establishing or maintaining any unreasonable difference as to its
prices or charges for access to its local exchange network.
15.Qwest's breaches of its contract with AT&T damaged AT&T in an amount equal to at
least
(i) the aggregate amount of the price differential between what AT&T paid Qwest and what
it would have paid Qwest if it had been permitted to avail itself of the discounts in the
Eschelon and McLeod Agreements while they were in effect; specifically, an amount equal
to a 10% discount on all products and services that AT&T purchased from Qwest in Idaho
between October 26 2000 (the date ofthe McLeod Agreement) through June 30, 2002 (the
alleged termination date of the McLeod Agreement), plus
(ii) an amount, to be determined at trial, to reflect the additional de facto discount reflected in
the payments that Qwest provided to Eschelon and McLeod in exchange for terminating their
secret discount agreements earlier than plannedo
WHEREFORE, AT&T respectfully requests this Court to enter judgment in its favor and
(i)declare that Qwest violated the AT&T Agreement, and
(ii)require Qwest to pay damages to AT&T as described above, plus interest and costs
and such other and further relief as this Commission deems just.
1 These dates encompass the effective period of the Eschelon Agreement (November 15 2000 through March 1 2002).
AT&T AMENDED COMPLAINT AGAINST QWEST - 6
Dated this 9th day of March, 2007 AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES , INC.
AT&T AMENDED COMPLAINT AGAINST QWEST - 7
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 9th day of March, 2007 a true and correct copy of the
within and foregoing AT&T'S AMENDED COMPLAINT was filed with the Idaho Public
Utilities Commission and parties as indicated below:
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
POBox 83720
Boise ill 83720-0074
X- Hand Delivery
- U.S. Mail, postage pre-paid
Facsimile
Electronic Mail
Mary S. Hobson
999 Main, Suite 1103
Boise, ID 83702
E-mail: marv.hobson~qwest.com
- Hand Delivery
S. Mail, postage pre-paid
Facsimile
i.L Electronic Mail
Douglas RM. Nazarian
Hogan & Hartson
111 South Calvert St
Baltimore MD 21202
E-mail: drmnazarian~hhlaw.com
- Hand Delivery
X-U.So Mail, postage pre-paid
Facsimile
i.L Electronic Mail
Certificate of Service - 1
Exhibit 1 - Complaint
Page
AGREEMENT
FOR LOCAL WIRELINE NETWORK INTERCONNECTION
AND
SERVICE RESALE
Between
AT&T Corp.
and
U S WEST Communications, Inc,
in the State of Idaho
TABLE OF CONTENTS
RECITALS
SCOPE OF AGREEMENT
DEFINITIONS
1 . General Provisions
2. Most Favored Nation Terms and Treatment
3. Payment
4. Taxes
5. Intellectual Property
6. Severability
7, Responsibility for Environmental Contamination
8. Brandinq
9. Independent Contractor Status
10. Referenced Documents
11. Publicity and Advertisinq
12. Executed in Counterparts
13. HeadinGs Not ControllinG
14. Joint Work Product
15. Survival
16. Effective Date
17. Amendment of Aqreement
18. Indemnification
19. Limitation of Liability
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
20, Term of Aqreement
21. Governina Law
22. Cancellation Charaes
23. Reaulatory Approvals
24. Compliance
25. Force Majeure
26. Escalation Procedures
27. Dispute Resolution
28. Nondisclosure
29, Notices
30. Assianment
31. Warranties
Page 2
32. Default
33. Remedies
34. Waivers
350 No Third Party Beneficiaries
36. Physical Security
370 Network Security
38. Revenue Protection
39. Law Enforcement Interface
40. Collocation
41. Technical References - Collocation
42. Number Portability
43. Dialina Parity
44. Directory Listinas
45, Intentionally Left Blank
46. U S WEST Dex Issues
47. Access to Poles. Ducts. Conduits. and Riahts of Way
48. Bona Fide Reauest Process for Further Unbundlinq
49. Audit Process
USWC/AT& T Interconnection Agreement. Idaho 07/27/98
Page 3
50. Miscellaneous Services
51. Unused Transmission Media
52. Service Standards
53. Entire Aareement
54, Reservation of RiGhts
SIGNATURE PAGE
ATTACHMENTS
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
Attachment 7
Rates and Charges
Resale
Unbundled Access/Elements
Interconnection
Business Process Requirements
Electronic Interfaces
Implementation Schedule
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 4This Interconnection Agreement (this "Agreement"), effective 199 (the "Effective Datej,is entered into by and between A T& T Communications of the Mountain States, Inc.Colorado Corporationand US WEST Communications, Inc.Colorado corporation, to establish the rates, terms and conditionsfor local interconnection, local resale, and the purchase of unbundled network elements (individually referred
to as the "service" or collectively as the "services").
RECITALS
WHEREAS, pursuant to this Agreement, A T& T and U WEST will extend certain arrangements to
one another within each LA T A in which they both operate within Idaho. This Agreement is combination of
agreed terms and terms imposed by arbitration under Section 252 of the Communications Act of 1934, as
modified by the Telecommunications Act of 1996, the rules and regulations of the Federal Communications
Commission, and the orders, rules and regulations of the Idaho Public Utilities Commission; and as suchdoes not necessarily represent the position of either Party on any given issue; and
WHEREAS, the Parties wish to interconnect their local exchange networks in technically andeconomically efficient manner for the transmission and termination of calls, so that subscribers of each can
seamlessly receive calls that originate on the other's network and place calls that terminate on the other's
network, and for A T& Ts use in the provision of exchange access ("Locallnterconnectionj; and
WHEREAS, A T& T wishes to purchase Telecommunications Services for resale to others, andWEST is willing to provide such services; and
WHEREAS, A T& T wishes to purchase on an unbundled basis Network Elements, Ancillary Services
and Functions and additional features separately or in any Combination 1 and to use such services for itselfor for the provision of its Telecommunications Services to others, and US WEST is willing to provide suchservices;
Now, therefore, in consideration of the terms and conditions contained herein, A T& T and U WEST
hereby mutually agree as follows:
SCOPE OF AGREEMENTA. This Agreement specifies the rights and obligations of each Party with respect to the
purchase and sale of Local Interconnection, Local Resale and Network Elements in the LA TAs in Idaho
where U WEST operates.B. In the performance of their obligations under this Agreement, the Parties shall act in goodfaith and consistently with the intent of the Act. Where notice, approval or similar action by Party permitted or required by any provision of this Agreement (including, without limitation, the obligation of theParties to further negotiate the resolution of new or open issues under this Agreement) such action shall not
be unreasonably delayed, withheld or conditioned.C, US WEST will provide AT&T with at least the level of service quality or performance
of obligations under this Agreement as U S WEST provides itself or any other Person with respect toall Telecommunications Services, Local Interconnection, Services for Resale, and Network Elements
1 Per Order 27236 of the Idaho Public Utitlites Commission (Dec. 1
, 1997), at po 8.4 Per Sixth Order, at p. 3.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 5
as applicable and shall provide such level of service quality or performance of service obligations in
accordance with the specific requirements agreed to in Attachment 5.
D. US WEST shall provide to T& T SelVices for Resale that are equal in quality, subject to the
same conditions (including the condftions in U WEST's effective tariffs which are not otherwise inconsistent
wfth the terms and conditions contained herein), within the same provisioning time intervals that US WEST
provides these services to itse/~ its Affiliates and others, including end users, and in accordance with any
applicable Commission service quality standards, including standards the Commission may impose pursuant
to Section 252 (e)(3) of the Act.E, Each Network Element provided by US WEST to AT&T shall be at least equal in the
quality of design, performance, features, functions, capabilities and other characteristics, including,
but not limited to, levels and types of redundant equipment and facilities for power, diversity and
security, that U S WEST provides to itself, U S WEST's own subscribers, to a U S WEST Affiliate or to
any other entity,F. The Parties agree to work jointly and cooperatively in testing and implementing processesfor pre-ordering, ordering, maintenance, provisioning and billing and in reasonably resolving issues which
result from such implementation on timely basis.
G. If Party makes change in its network which it believes will materially affect the
interoperability of its network with that of the other Party, the Party making the change shall provide advance
notice of such change to the other Party in accordance with applicable FCC or Commission regulations.
H. In accordance wfth Section 251(c)(5) of the Act and the rules and regulations established by
the FCC and the Commission, the Parties shall provide reasonable notice of changes in the information
necessary for the transmission and routing of services using that local exchange carrier's facilities or network
as well as of any other changes that would affect the interoperability of those facilities and networksoI. Except as otherwise provided for in Section of Attachment US WEST shall not
discontinue or refuse to provide any service required hereunder without T& T's prior written agreement in
accordance wfth Section 17 of Part of this Agreement, nor shall US WEST reconfigure, reengineer or
otherwise redeploy fts network in manner which would materially impair T& T's ability to offerTelecommunications Services in the manner contemplated by this Agreement, the Act or the FCC's rules and
regulations. U S WEST agrees that all obligations undertaken pursuant to this Agreement, including, without
limitation, performance standards, intervals, and technical requirements are material obligations hereof and
that time is of the essence.
DEFINITIONS
Certain terms used in this Agreement shall have the meanings set forth herein or as otherwiseelsewhere defined throughout this Agreement. Other terms used but not defined herein will have the
meanings ascribed to them in the Act and the FCC's rules and regulationso
911 Servicen means universal telephone number which gives the public direct access to the Public Safety
Answering Point (PSAP). Basic 911 service collects 911 calls from one or more local exchange switches that
serve geographic areao The calls are then sent to the correct authority designated to receive such callso
911 Site Administrator" is a person assigned by T& T to establish and maintain 911 service locationinformation for its subscribers.
5 Per Sixth Order, at p. 3.
USWC/AT&T Interconnection Agreement -Idaho 07/27/98
Page 17
Component purchased by A T& T under this Agreement has been permitted
(even if not intentionally) to fall materially below the level or specification in
effect as of the Effective Date, U S WEST shall inform A T& T immediatelyo
Nothing in this Agreement shall be construed as an agreement by the
parties to waive any continuing legal requirement that U S WEST need
only provide access to or interconnection with its network as it exists at
the time that AT&T may request such access, as opposed to a yet unbuilt,
superior one, Modifications to U S WEST's network may be limited to
those required to accommodate interconnection or access to unbundled
network elements, Nothing in this agreement shall constitute a waiver of
any obligation that U S WEST has to meet applicable state or federal
standards respecting the nature, extent, or capabilities of its network that
serves customers in Idaho,
For purposes of providing interconnection to AT&T, in no event shall
U S WEST be required to provide a level of service superior to that which it
provides to Itself,
These preceding conditions shall be applicable for the entire contract and take
precedence over any other conflicting sectiono The absence of specific references to
this Section in potentially conflicting sections is not to be construed to mean that this
Section does not apply.
4The Parties recognize that services and processes to be provided or followed
by U S WEST may deviate from those desired by AT&T or otherwise outlined in
this Agreement. Due to the manner in which U S WEST has chosen to adopt
its own processes or implement industry standards into the design of its
services or support functions, some of the services or support functions
deployed within U S WEST may not adhere to all the specifications set forth
and described in this Agreement. Within forty-five (45) days after a request by
either Party, the Parties will develop processes by which U S WEST will inform
AT&T of the standards known by US WEST to differ from standards referenced
in this Agreement for services or support functions actually provided to AT&T.
In addition, the Parties agree that such documented by U S WEST pursuant to
such process shall, to the extent permitted by FCC and Board rules and
regulations, supersede sections of this Agreement referencing such standards,
services, or functions,
Most Favored Nation Terms and Treatment
Until such time as there is final court determination interpreting Section 252(i) of the Act,
S WEST shall make available to A T& T the terms and conditions of any other
agreement for interconnection, unbundled network elements and resale services
approved by the Commission under Section 252 of the Act, in that agreements entiretyo
9 Per Sixth Order, at p. 4.10 Per Fifth Order, at p. 13
11 Per Sixth Order, at p. 5.
USWC/AT&T Interconnection Agreement. Idaho 07127/98
Page 18
After there is final court determination interpreting Section 252(i) of the Act, the Parties
agree to revise this Section to reflect such interpretation
Payment
In consideration of the services provided by U S WEST under this Agreement T& T shall
pay the charges set forth in Attachment to this Agreement. The billing procedures for
charges incurred by T& T hereunder are set forth in Attachment to this Agreemento
Amounts payable under this Agreement, unless reasonably disputed, are due and payable
wfthin thirty (30) days after the date of US WEST's invoice or wfthin twenty (20) days of
receipt of the invoice, whichever is later. If the payment due date is not Business Day, the
payment shall be made the next Business Day.
A late payment charge of 5% applies to all billed balances, not reasonably disputed, which
are not paid wfthin the applicable time period set forth in Section above. To the extent
T& T pays the billed balance on time, but the amount of the billed balance is reasonably
disputed by AT&T, and ft is later determined that refund is due AT&T, interest shall be
payable on the refunded amount in the amount of 1.5% per month. To the extent AT&T
pays the billed balance on time, but the amount of the billed balance is reasonably disputed
by T& T, and ft is later determined that no refund is due T& T, no interest shall be payable
on the disputed amount.
3.4 Late payment charges shall not be used as credftn to deposft, if any, wfthout the express
approval of U WEST.
Unless specified otherwise in this Agreement, U WEST shall bill all amounts due from
T& T for each resold seNice in accordance wfth the terms and condftions as specified in
the U S WEST tariff.
Taxes
Any federal, state or local excise, sales, or use taxes (excluding any taxes levied on income)
resulting from the performance of this Agreement shall be borne by the Party upon which the
obligation for payment is imposed under applicable law, even if the obligation to collect and
remit such taxes is placed upon the other Party. Any such taxes shall be shown as separate
items on applicable billing documents between the Parties. The Party so obligated to pay
any such taxes may contest the same in good fafth, at fts own expense, and shall be entff./ed
to the benefit of any refund or recovery, provided that such Party shall not permft any lien to
exist on any asset of the other Party by reason of the contest. The Party obligated to collect
and remft taxes shall cooperate fully in any such contest by the other Party by providing
records, testimony and such addftional information or assistance as may reasonably be
necessary to pursue the contest. To the extent sale is claimed to be for resale tax
exemption, the purchasing Party shall furnish the providing Party proper resale tax
exemption certificate as authorized or required by statute or regulation by the jurisdiction
providing said resale tax exemption. Failure to timely provide said resale tax exemption
certificate will result in no exemption being available to the purchasing Party during the
applicable reporting periodo
Intellectual Property
12 Per Third Order, at pp. 1-
USWC/AT&T Interconnection Agreement - Idaho 07/27/98
24,
Page 25
with the provisions of Section 27 of this Part of this Agreement, Dispute Resolution
beginning nine (9) months prior to the expiration of this Agreement. Any disputes regarding
the terms and conditions of the new interconnection agreement shall be resolved
accordance with said Section 27 and the resulting agreement shall be submitted to the
Commission. This Agreement shall remain in effect until new interconnection agreement
approved by the Commission has become effective.
21,Governing Law
21.This Agreement shall be governed by and construed in accordance wfth the Act and theFCC's rules and regulations, except insofar as state law may control any aspect of this
Agreement, in which case the domestic laws of the State of Idaho, wfthout regard to its
conflicts of laws principles, shall govern.
22.Cancellation Charges
22.Except as provided pursuant to Bona Fide Request, or as otherwise provided in any
applicable tariff or contract referenced herein, no cancellation charges shall apply.
23.Regulatory Approvals
23.This Agreement, and any amendment or modification hereo~ will be submitted to the
Commission for approval in accordance with Section 252 of the Act. In the event any
govemmental authority or agency rejects any provision hereo~ the Parties shall negotiate
promptly and in good fafth such revisions as may reasonably be required to achieve
approval.
230 US WEST shall provide AT&T summary describing the proposed changers) to each
Telecommunications Service which is available pursuant to this Agreement. US WEST
shall also provide T& T summary describing the proposed changers) of each intrastate
and interstate tariff which provides for an Interconnection, unbundled Network Element or
Ancillary Service that is available pursuant to this Agreement. Such summaries shall be
available through an internet Web page to be posted on the same day the proposed change
is filed with the Commission or the FCC or at least thirty (30) days in advance of fts effective
date, whichever is earlier.
230 In the event any governmental authority or agency orders U S WEST to provide any service
covered by this Agreement in accordance with any terms or condftions that individually differ
from one or more corresponding terms or conditions of this Agreement, T& T may elect to
amend this Agreement to reflect any such differing terms or conditions contained in such
decision or order, with effect from the date T& T makes such election. The other servicescovered by this Agreement and not covered by such decision or order shall remain
unaffected and shall remain in full force and effect.
23.4 The Parties intend that any additional services requested by either Party relating to the
subject matter of this Agreement will be incorporated into this Agreement by amendmento
Compliance
24.Each Party shall comply with all applicable federal, state, and local laws, rules and
regulations applicable to its performance under this Agreement.
USWC/AT&T Interconnection Agreement - Idaho 07/27/98