HomeMy WebLinkAbout20031210Amendment.pdfFILED
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Mary S, Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ID 83702
Telephone: (208) 389-9000
Facsimile: (208) 389-9040
mshobson~stoel,com
lOll3 DEC -5 Pi" 3: 21
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UTiliTIES COrU-i\SSION
Dennis Doyle
Arch Paging, Inc.
Mobile Communications Corporation of America
1800 West Park Drive - Suite 250
Westborough, MA 01581-3912
Telephone: (508) 870-6612
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORA nON AND ARCH WIRELESS
OPERATING c=OMPANY, INC. FOR, "
.-. ,
: APPLICATION FOR APPROVAL OF
APPROV At OF AN AMENDMENT TO AN ,. 0 ..AMENDMENT TO THE
INTERCONNECTION AGREEMENT ". 0.
' .
INTERCONNECTION AGREEMENT
PURSUANT TO 47 u.S.c. 9252(E) .
CASE NO.: USW-OO-
Qwest Corporation ("Qwest") and Arch Wireless Operating Company, Inc. flea Mobile
Communications Corporation of America ("Arch") hereby jointly file this Application for
Approval of Amendment to the Interconnection Agreement ("Amendment"), which was
approved by the Idaho Public Utilities Commission on July 1 , 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
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Boise-165103.10029164-00016
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
Arch 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
Arch to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Arch 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 5th day of December, 2003.
Qwest Corporation
son
s LLP, Attorneys for Qwest
and
Dennis Doyle
Arch Paging, Inc. and Mobile Communications
Corporation of America
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-165103.l 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 5th day of February, 2003 , 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
iiewell~puc.state.id.
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Dennis Doyle
Arch Paging, Inc.
Mobile Communications Corporation of
America
1800 West Park Drive - Suite 250
Westborough, MA 01581-3912
Telephone: (508) 870-6612
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Brandi L. Gearhart, PLS
Legal Secretary toMary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Boise-165103.10029164-00016
Amendment To Paging Connection Agreement
Between
Arch Wireless Operating Company, Inc.
f/kla Mobile Communications Corporation of America
And
Qwest Corporation f/kla U S WEST Communications, Inc.
For The State of Idaho
This Amendment is entered into by and between Arch Wireless Operating Company,
Inc. flk/a Mobile Communications Corporation of America ("Arch") and Qwest
Corporation flk/a U S WEST Communications, Inc. ("Qwest"
RECITALS
Arch and Qwest are parties to a Paging Connection Agreement ("Underlying
Agreement") effective July 1 , 2000; and
Arch and Qwest hereby amend the Underlying 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
Section 11.2 of the Underlying Agreement is amended to state as follows:
The Initial Term of this Agreement shall expire on June 30, 2005.
Sections 1.1 and 1.2 of the Underlying Agreement are amended to read as follows:
The provisions in this Agreement 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
, 2003 (the Existing Rules). Nothing in this Agreement shall be deemed an
admission by Qwest or Paging Provider concerning the interpretation or effect of
the Existing Rules or an admission by Qwest or Paging Provider that the Existing
Rules should not be changed , vacated, dismissed , stayed or modified. Nothing
in this Agreement shall preclude or estop Qwest or Paging Provider 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 in a way which
renders any provision of this Agreement illegal or unenforceable, then this
Agreement 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
ID/Amendmenl 10: CDS-OOO614-0079
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 this Agreement. It
expressly understood that this Agreement will be corrected , or if requested by
Paging Provider, amended as set forth in this section, to reflect the outcome of
generic proceedings by the Commission for pricing, service standards, or other
matters covered by this Agreement. 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 pendency 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 Agreement. 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.
In addition to, but not in limitation of, Section 1.1. above, nothing in this
Agreement shall be deemed an admission by Owest or Paging Provider
concerning the interpretation or effect of the FCC's 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 of the Telecommunications Act of 1996;
Deployment of Wireline Services Offering Advanced Telecommunications
Capability, CC Docket Nos. 01-338, 96-98 and 98-147, 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 Agreement shall
preclude or estop Owest or Paging Provider from taking any position in
any forum concerning the proper interpretation or effect of Decisions or
concerning whether the Decision should be changed, vacated, dismissed
stayed or modified.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission; however
the Parties hereby agree to implement the provisions of this Amendment upon
execution.
Amendments: Waivers
The provisions of this Amendment, including the provisipns 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 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.
ID/Amendment to: CDS-OOO614-0079
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. amendments.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 and
which together shall constitute one and the same instrument.
Arch Wireless Operating Company, Inc.Qwest Corporation
--t-
Authorized Signature
Paul H. Kuzia
Printed Name
loT. Christensen
Printed Name
Executi ve VP , Technology & Re gulatory
Title Affairs
Date
Director - Business Policy
Title
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Date
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