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Home My WebLink About20090429Amendment.pdfQwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 i:i f' .t ':' ~r: ~ 20ng APR 29 111M 0i'li¡ .,: 38 Qwest~ Spirit of Service'M Maura E. Peterson Paralegal Regulatory Law Via Overnight delivery April 28, 2009 Jean Jewell, Secretary Idaho Public Utilities Commssion 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. QWE-T-08-06 Application for Approval of Amendment to the Interconnection Agreement Eltopia Communications, LLC Dear Ms. Jewell: Enclosed for filing 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 respectfully requests that this matter be placed on the Commssion Decision Meeting Agenda for expedited approvaL. Please contact me if you have any questions concerning the enclosed. Thank you for your assistance in this ter mep Enclosure cc: Service list Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 1506 Seattle, WA 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam.sherr(g qwest.com Pr. t..\ "'.. ~:,.. 2009 APR 29 AN 9: 39 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORA TION FOR APPROVAL OF AN INTERCONNCTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e) CASE NO.: QWE-T-08-06 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 approved by the Idaho Public Utilties Commssion on July 2, 2008 (the "Agreement"). The Amendment with Eltopia Communications, LLC ("Eltopia") 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 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 Eltopia to APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 1 AMNDMENT FOR RECIPROCAL COMPENSATION RATE ELECTION 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 voluntary negotiations, it does not raise issues requiring a hearng and does not concern other parties not a pary to the negotiations. Expeditious approval would further th9yublic interest. Respectfully submitted this~day of April, 2009. Adam L. Sherr Attorney for Qwest lL( çófG"" fr APPLICATION FOR APPROVAL OF AMNDMENT TO THE INERCONNCTION AGREEMENT - Page 2 AMNDMENT FOR RECIPROCAL COMPENSATION RATE ELECTION .. CERTIFICATE OF SERVICE I hereby certify that on this doiL. day of April, 2009, I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT upon all paries of record in this matter as follows: Jean Jewell, Secretary Idaho Public Utilities Commssion 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 ¡¡ewell (gpuc.state.id.us Hand Delivery U. S. Mail -K Overnight Delivery Facsimile Email Wil MacHugh Vice President Eltopia Communications, LLC 2304 Ringold Road, Box 240 Eltopia, W A 99330 Hand Delivery -- u. S. Mail Overnight Delivery Facsimile Email o~ Maura Peterson Paralegal, Qwest Corporation APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 3 AMNDMENT FOR RECIPROCAL COMPENSATION RATE ELECTION Reciprocal Compensation Rate Election Amendment to the Interconnection Agreement between Qwest Corporation and Eltopia Communications, LLC for the State of Idaho lOU94PR 29 A/1 ('..1. ';9 This is an Amendment ("Amendment") to the Interconnection Agreement between Owest Corporation ("Owest", a Colorado corporation, and Eltopia Communications, LLC ("CLEC"), a Washington limited liability company. Owest and CLEC shall be known jointly as the "Parties". RECITALS WHEREAS, the Parties entered into an Interconnection Agreement ("Agreement", for service in the State of Idaho, that was approved by the Commission; and WHEREAS, the Parties agree to amend the Agreement under the terms and conditions contained herein. AGREEMENT NOW THEREFORE, in consideration of the mutual terms, covenants and conditiooscontained 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 changing the Reciprocal Compensation Rate Election from State Ordered Rates to FCC ISP Ordered Rates, as set forth in Exhibit J, attached hereto and incorporated herein. Effective Date This Amendment shall be deemed effective upon Commission approval; however, the Parties 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 3, 2009/msd/Eltopia/Recip Comp Rate Election/ID Amendment to CDS-080508-0001 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. Eltopia Communications, LLC Owest Corporation tdT~ , Signature w.. 'g ~")~ Signature L. J ì \1 L. M 4.£.J\,¡ ¡ "" Name PrintedlTyped L. T. Christensen Name PrintedlTyped 1I:L1 Title~Qc, Date ~rL):J."..~Director - Wholesale ContractsTitle ~~j? Date 7 April 3, 2009/msd/Eltopia/Recip Comp Rate Election/lD Amendment to CDS-080508-0001 2 .Exhibit J Election of Reciprocal Compensation Option Pursuant to the election in this Exhibit J of this Agreement, the Parties agree to exchange (§251 (b)(5)) Traffc, per section 7.3.4.4 at: CLEC must select either 1. OR 2. 1. The rates applicable to §251 (b)(5) Traffc between Qwest and CLEC shall be the same as therates established in ISP-bound traffc pursuant to Exhibit A, Section 7.7. Such rate for ISP-bound traffic will apply to §251(b)(5) Traffc in lieu of End Offce Call Termination rates, and Tandem Switched Transport rates. Signature .U.. '". ~')~ 2. Compensation rate for §251 (b)(5) Traffc shall be as established by the Commission pursuant to Exhibit Ai Section 7.6, the rates as appropriate. Signature When the FCC ordered rate for ISP-bound traffc is applied to (§251(b)(5)) Traffc,. the FCC Ordered ISPrate is used in lieu of End Office call termination' and Tandem Switched Transport rate elements. -, Negotiations Template Exhbit J 4-30-07 Page 1