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HomeMy WebLinkAbout20031210Amendment.pdfFILED r:71 ' ' L:J L.-J r~ECE!VEO 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 iU iJc:cJC 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 q/~ /o Date ..-eO/AlimI ,d" ,el ,l lu. CD~-O06616-0 1 ~6