20040123Amendment.pdf

Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
f~ECEIVED
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J TILl T!ES/ l~O"HI'WSSION
Karen Johnson
Integra Telecom, Inc.
19545 NW Von Neumann Drive - Suite 200
Beaverton, OR 97006
Telephone: [phone]
ki ohnson(Ci),inte gratelecom. com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND INTEGRA TELECOM
OF IDAHO, INC. FOR APPROVAL OF A
WIRE LINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 u.S.
9252(E)
CASE NO.: USW-00-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and Integra Telecom of Idaho, Inc. ("Integra ) hereby
jointly file this Application for Approval of Amendment to the Interconnection Agreement
Amendment"), which was approved by the Idaho Public Utilities Commission on April 26
2000 (the "Agreement"). A copy of the Amendment 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 Commission may reject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
APPLICATION FOR APPROY AL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Page 1
Boise-166698.10029164-00016
Integra and Qwest respectfully submit this Amendment provides no basis for either of
these findings, and, therefore jointly request that the Commission 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 Commission, the United States Congress, and the
Federal Communications Commission. Expeditious approval of this Amendment will enable
Integra to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Integra and Qwest further request that the Commission approve this Amendment without
a hearing. Because this Amendment was reached through voluntary negotiations, it does not
raise issues requiring a hearing and does not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this 23rd day of January, 2004.
Qwest Corporation
4tlV i/-o t-.--
Mary S. bson
Stoel Rives LLP, Attorneys for Qwest
and
Karen Johnson
Integra Telecom of Idaho , Inc.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-166698.! 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 23rd day of January, 2004, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
ii ewell~puc.state.id. us
Karen Johnson
Integra Telecom, Inc.
19545 NW Yon Neumann Drive - Suite 200
Beaverton, OR 97006
Telephone: [phone]
ki ohnson~in tegrate I ecom. com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
~/!b",)f? dL~
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Boise-166698.10029164-00016
Private Line to UDIT Conversion Amendment
to the Interconnection Agreement between
Qwest Corporation and
Integra Telecom of Idaho, Inc.
This is an Amendment ("Amendment") to the Interconnection Agreement between and Qwest
Corporation (f/k/a US WEST Communications , Inc.
) ("
Qwest"), a Colorado corporation and
Integra Telecom of Idaho, Inc. ("CLEC"
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement, for service in the State of
Idaho, that was approved by the Idaho Public Utilities Commission on April 26 , 2000, as
referenced in Case No. USW-00-5, Order No. 28360 ("Agreement"); and
WHEREAS , the Parties wish to amend the Agreement 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 Agreement is hereby amended by adding the terms, conditions and rates for Private Line to
UDIT Conversion , as set forth in Attachment 1 and Exhibit A, attached hereto and incorporated
herein.
Rates in Exhibit A will reflect legally binding decisions of the Commission and shall be applied
on a prospective basis from the effective date of the legally binding Commission decision
unless otherwise ordered by the Commission.
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 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 will be notified when all system changes have been made. Actual order
processing may begin once these requirements have been met.
Amendments; Waivers
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, will be deemed to extend to any
November 11 , 2003/msd/lntegra/PL to UDIT Conv/iD
Amendment to CDS-OOO215-0051
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.
ChanQe of Law
A. The provisions in this Amendment are intended to be in compliance with and based on
the existing state of the law, rules , regulations and interpretations thereof, including but not
limited to state rules, regulations, and laws, as of April 1 , 2003 (the Existing Rules). Nothing in
this Amendment shall be deemed an admission by Qwest or CLEC concerning the interpretation
or effect of the Existing Rules or an admission by Qwest or CLEC that the Existing Rules should
not be changed , vacated , dismissed, stayed or modified. Nothing in this Amendment shall
preclude or estop Qwest or CLEC from taking any position in any forum concerning the proper
interpretation or effect of the Existing Rules or concerning whether the Existing Rules should be
changed, vacated, dismissed, stayed or modified. To the extent that the Existing Rules are
vacated , dismissed , stayed or materially changed or modified, then this Amendment shall be
amended to reflect such legally binding modification or change of the Existing Rules. Where the
Parties fail to agree upon such an amendment within sixty (60) Days after notification from a
Party seeking amendment due to a modification or change of the Existing Rules or if any time
during such sixty (60) Day period the Parties shall have ceased to negotiate such new terms for
a continuous period of fifteen (15) Days , it shall be resolved in accordance with the Dispute
Resolution provision of the Agreement. It is expressly understood that this Amendment will be
corrected, or if requested by CLEC, amended as set forth herein, to reflect the outcome of
generic proceedings by the Commission for pricing, service standards, or other matters covered
by this Amendment. Any amendment shall be deemed effective on the effective date of the
legally binding change or modification of the Existing Rules for rates, and to the extent
practicable for other terms and conditions, unless otherwise ordered. During the pendancy of
any negotiation for an amendment pursuant to this Section the Parties shall continue to perform
their obligations in accordance with the terms and conditions of this Amendment, for up to sixty
(60) Days. If the Parties fail to agree on an amendment during the sixty (60) Day negotiation
period , the Parties agree that the first matter to be resolved during Dispute Resolution will be
the implementation of an interim operating agreement between the Parties regarding the
disputed issues, to be effective during the pendancy of Dispute Resolution. The Parties agree
that the interim operating agreement shall be determined and implemented within the first fifteen
(15) Days of Dispute Resolution and the Parties will continue to perform their obligations in
accordance with the terms and conditions of this Amendment, until the interim operating
agreement is implemented. For purposes of this section
, "
legally binding" means that the legal
ruling has not been stayed, no request for a stay is pending, and any deadline for requesting a
stay designated by statute or regulation, has passed.
B. In addition, but without limiting Section A above, nothing in this Amendment shall be
deemed an admission by Qwest or CLEC concerning the interpretation or effect of the FCC'
decision and rules adopted in In the Matter of Review of the Section 251 Unbundling Obligations
of Incumbent Local Exchange Carriers; Implementation of the Local Competition Provisions
the Telecommunications Act of 1996; Deployment of Wireline Services Offering Advanced
Telecommunications Capability, CC Docket Nos. 01-338, 96-98 and 98-147 Report and Order
on Remand FCC 03-, nor rules, regulations and interpretations thereof, including but not
limited to state rules, regulations , and laws as they may be issued or promulgated regarding the
same ("Decision(s)"). Nothing in this Amendment shall preclude or estop Qwest or CLEC from
taking any position in any forum concerning the proper interpretation or effect of the Decision or
concerning whether the Decision should be changed , vacated, dismissed, stayed or modified.
November 11 , 2003/msd/lntegra/PL to UDIT Conv/iD
Amendment to CDS-OOO215-0051
Entire AQreement.
This Amendment (including the documents referred' to herein) constitutes the full and entire
understanding and agreement between the Parties with regard to the subjects of this
Amendment 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 this
Amendment.
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.
Integra Telecom of Idaho, Inc.Qwest Corporation -a(L~
Authorized Signature
~fJ.!1
A o ' ed Signature~U l4 ~b Gt1J
Name Printed/Typed
r~)lD\WI 1 G~o
Title
llef
( ~
Date
L. T. Christensen
Name PrintedlTyped
Director - Business Policy
Title
Date
J /u J~4
November 11 , 2003/msd/lntegra/PL to UDIT Conv/iD
Amendment to CDS-OOO215-0051
ATTACHMENT 1
Private Line to UDIT Conversion
Description
Unbundled Dedicated Interoffice Transport (UDIT) provides CLEC with a Network
Element of a single transmission path between Qwest end offices, Serving Wire Centers or
Tandem Switch locations, CLEC wire Centers or an IXCs POP in the same LATA and state.
CLEC may convert an existing Private Line/Special Access circuit to UDIT that meet theabove parameters.
0 Terms and Conditions
There is no redesign or physical work involved in this conversion. This conversion is a
record change only.
0 Rates and Charges
A nonrecurring charge will be applied for conversion of an existing Private Line/Special
Access circuit to UDiT.
0 Ordering
To convert an existing Private Line/Special Access circuit to UDIT, CLEC must submit
two (2) ASRs to change the circuit identification and Network Channel Interface Code (NCI) and
billing.
November 11 , 2003/msd/lntegra/PL to UDIT Conv/iD
Amendment to CDS-OOO215-0051
EXHIBIT A
PRIVATE LINE TO UDIT
CONVERSION
November 11 , 2003/msd/lntegra/PL to UDIT Conv/iD
Amendment to CDS-OOO215-0051