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Home My WebLink About20100729Amendment.pdfQwest 1600 7th Avenue, Room 3206 Seattle, WashinQton 98191 (206) 398-2504 IFacsimile (206) r3-4040 Maura E. Peterson Paralegal Regulatory Law ..¡-" r' .f".I \ l .~-"'"nt:" r \ '? 't~L-4~ 1' 9" 23 1\\\~ j\.i22 1\ . Qwest~ Spirit of Service~ Via Overnight delivery July 21, 2Q10 I Jean JeweiI, Secretar Idaho Public Utilties Commssion 472 West ~ashington Street P.O. Box S3720 Boise, Idaho 83720-0074 Re: Case No. QWE- T -08-05 Application for Approval of Amendment to the Interconnection Agreement XO Communications Services, Inc. Dear Ms. Jewell: Enclosed for fiing with this Commssion on behalf of Qwest Corporation is an original and three (3) copies of the Application for Approval of Amendment to the Interconnection Agreement. Qwest respectflly requests that this matter be placed on the Commssion Decision Meeting Agenda for expedited approvaL. Please contact me if you have any questions concernng the enclosed. Thank you for your assistance in this matter. mep Enclosure cc: Service list Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 1506 Seattle, WA 98191 Telephone: (206) 398-2507 Facsimile: (206) 343-4040 Adam. sherr(g qwest.com 20m JUL 22 AM 9= 23 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORlORA TION FOR APPROVAL OF AN INTERCONNCTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e) CASE NO.: QWE- T -08-05 APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT Qwest Corporation ("Qwest") hereby fies this Application for Approval of Amendment to the Interconnection Agreement ("Amendment"), which was fied with the Idaho Public Utilities Commssion on July 3,2008 (the "Agreement") pending approvaL. The Amendment with XG Communications Services, Inc. ("XG") is submitted herewith. This Amendment was reached through voluntary negotiatians 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 Commssion may reject an amendment reached through voluntar negotiations only if the Commssion finds that: the amendment (or portiones) thereof) discriminates against a telecommunications carer not a pary 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 Commssion 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 Commssion, the United States Congress, and the Federal Communications Commssion. Expeditious approval of this Amendment wil enable XG to APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 1 Amendment for Transit Traffic Update interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Qwest further requests that the Commssion approve this Amendment without a hearng. Because this Amendment was reached through voluntar negotiations, it does not raise issues requiring a hearng and does not concern other paries not a pary to the negotiations. Expeditious approval would further the public interest. Respectfully submitted this 1.'* day of July, 2010. · ~', AdamL. Sh Attorney for Qwest APPLICATION FOR APPROVAL OF AMNDMENT TO THE INRCONNCTION AGREEMENT - Page 2 Amendment for Transit Traffic Update CERTIFICATE OF SERVICE I hereby certify that on thisLi ~i- day of July, 2010, I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT upon all paries of record in this matter as follows: Jean Jewell, Secretary Idaho Public Utilties Commssion 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 JJewell (g puc. state.id. us Hand Delivery U. S. Mail -- Overnight Delivery Facsimile Email Rex Knowles XO Communications Services, Inc. 111 E. Broadway, Suite 1000 Salt Lake City, UT 84111 _ Hand Delivery _X_ U. S. Mail Overnight Delivery Facsimile Email Maura Peterson Paralegal, Qwest Corporation APPLICATION FOR APPROVAL OF AMNDMENT TO THE INERCONNCTION AGREEMENT -' Page 3 Amendment for Transit Traffic Update Trànsit Traffic Update Amendment RECE to the Interconnection Agreement between Qwest Corporation and iBID JUl 2.2. AM 9: 23 XO Communications Services, Inc. for the State of Idaho This Amendment ("Amendment") is to the Interconnection Agreement between Qwest Corporation rQwest"), a Colorado corporation, and XO Communications Services, Inc. ("CLEC"). CLEC and Qwest shall be known jointly as the "Parties". RECITALS WHEREAS, CLEC and Qwest entered into an Interconnection Agreement ("Agreement") which was approved by the Commission; 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 The Transit Traffic rates of the Agreement are hereby amended by replacing Section 7.9.1 and Section 7.9.2 Local & IntraLATA Toll Transit, per Minute of Use as reflected in Exhibit A, attached hereto and incorporated herein. 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 on a prospective basis 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 wil 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 by the end of the second billing cycle. The Parties agree that so long as Qwest implements the biling changes and the true-up as set forth above, the CLEC's bills shall be deemed accurate and adjusted without error. 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' June 9, 2010/cacIOrrransit Traffc Update/lDAmendment to CDS-080415-0003 1 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. 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. XO c0,m serv. Ices, Inc.. ~ Signature Qw;;~~i Signature .- H88er B. Gold Name Printedí1-E1 Affai~ L.T. Christensen Name PrintedfTyped Director - Wholesale Contracts Title ~ 1M hvr r Title Date ~i&ioio Date June 9, 201 O/cacIOfTransit Traffc Update/lDAmendment to CDS-080415-0003 2 XO Communications Idaho $0.001473 Owesi's Owesl's Idaho Idaho Accss Access Service Service Catalog Catalog CDS-080415-0003