20060307Appellant brief augmentation.pdf

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IN THE SUPREME COURT OF THE STATE OFtIDAHf)7 2: SO
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Appellant, PageData, respectfully submits the following additi~nalrra~At~,titrT~1fa! APP6a!SL_- 'h'C"..,o,
JOSEPH B. MCNEAL D/B/A PAGEDATA
IDAHO PUBLIC UTILITIES COMMISSION
and QWEST CORPORATION
Petitioner-Appellant
vs.
Respondents
supplement to its brief pursuant to LA.R. 34(f)(1).
Interconnection Agreement Section 13.9 Default
SS;
Supreme Court Docket No. 31844
IPUC Docket No. QWE- T -03-
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Appellant's Augmentation of
Brief Pursuant to LA.R. 34(f)(1)
If either Party defaults in the payment of any amount due
hereunder, or if either Party violates any other provision of this
Agreement, and such default or violation shall continue for thirty
(30) days after written notice thereof, the other Party may seek
legal and/or regulatory relief.
...
The full text of Section 13.9 of the interconnection agreement have been attached.
Brief:
Section 13.9 pertains to issues on appeal #1 , #2, #3 , #4, and #5 in Appellant's
1. Whether the IPUC erred by granting Qwest's request for motion to dismiss?
2. Whether the IPUC erred by blue-penciling the interconnection agreement?
3. Whether the IPUC erred by relying on non-applicable cases?
APPELLANT'S AUGMENTATION
OF BRIEF PURSUANT TO I.A.R. 34(f)(l)
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4. Whether Qwest is contractually bound to accept PageData s selected method
of relief and is without recourse?
5. Whether the IPUC erred by not holding a hearing on the unconscionability or
the arbitration clause?
and issues #1 and #4 in Respondent's Brief:
1. The Commission did not err when it declined jurisdiction and dismissed
PageData s Complaint without prejudice because the parties were required to
utilize the arbitration provision of their Interconnection Agreement.
4. PageData has misinterpreted Section 252 of the federal Telecom Act.
, it
Respectfully submitted this (;; -r---day of March, 2006.
APPELLANT'S AUGMENTATION
OF BRIEF PURSUANT TO I.A.R. 34(f)(l)
CERTIFICATE OF SERVICE
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I HEREBY CERTIFY that on this f.t' day of March, 2006, I caused a true and
correct copy of the foregoing APPELLANT'S AUGMENTATION OF BRIEF to be
served by depositing the same in the United States mail, postage prepaid, in envelopes
addressed to the following:
Donovan E. Walker Donald L. Howell, II
Idaho Public Utilities Commission Idaho Public Utilities Commission
472 W. Washington St. 472 W. Washington St.
Boise, ID 83702-5983 Boise, ill 83702-5983
William J. Batt
Batt & Fisher, LLP
101 S. Capitol Blvd, 5th FI
Boise, ill 83701
Adam Sherr
Qwest Communications, Inc.
1600 7th Avenue, Rm 3206
Seattle, WA 98191
APPELLANT'S AUGMENT A nON
OF BRIEF PURSUANT TO I.A.R. 34(f)(l)
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Section 13.9 Default
If either Party defaults in the payment of any amount due hereunder, or if
either Party violates any other provision of this Agreement, and such
default or violation shall continue for thirty (30) days after written notice
thereof, the other Party may seek legal and/or regulatory relief. All
remedies provided for herein shall be cumulative. The failure of either
Party to enforce any of the provisions of this Agreement or the waiver
thereof in any instance shall not be construed as a general waiver or
relinquishment on its part of any such provision , but he same shall
nevertheless, be and remain in full force and effect.
(Pages 25 and 26 of the Interconnection Agreement)