20030228Amendment.pdf

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February 28, 2003
VIA HAND DELIVERY
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
Re:Case No. USW-99-
APPLICATION FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Dear Ms. Jewell:
3i'i
101 S. Capitol Boulevard. Suite 1900
Boise, Idaho 83702
main 208.389.9000
fax [phone]
www.stoel.com
MARY S. HOBSON
Direct [phone]
mshobsoni!Ystoel.com
Enclosed for filing with this Commission on behalf of Qwest Corporation (fka U S West
Communications, Inc.) and Topp Comm, Inc. is an original of the Application for Approval of
Amendment to the Interconnection Agreement. The parties respectfully request that this
matter be placed on the Commission Decision Meeting Agenda for expedited approval.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this matter.
Very truly yours
fi lIMIt
Mary Smobson
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Enclosure
Boise-153735.10029164-00016
Oregon
Washington
California
Utah
Idaho
Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
Topp Comm
Carrier Relations
8390 North West 25th Street
Miami, FL 33122
Telephone: [phone]
Facsimile: [phone]
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION (flea U S WEST
COMMUNICATIONS, INC.) AND TOPP
COMM, INC. FOR APPROVAL OF A
RESALE AGREEMENT PURSUANT TO 47
C. ~252(E)
' '
CASE NO.: USW-99-
APPLICATION FOR APPROV AL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and Topp Comm, Inc. ("Topp ) hereby jointly file this
Application for Approval of Amendment to the Interconnection Agreement ("Amendment"
which was approved by the Idaho Public Utilities Commission on March 31 , 1999 (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 APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Boise-153734.10029164-00016
Topp 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
Topp to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Topp 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 28th day of February, 2003.
Qwest Corporation
M~~~
, Stoel Rives LLP Attorneys for Qwest
and
Topp Comm, Inc.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-153734.1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this ~ay 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
Topp Comm
Carrier Relations
8390 North West 25th Street
Miami, FL 33122
Telephone: [phone]
Facsimile: [phone]
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Luba Hromyk
Qwest Communications International Inc.
7800 East Orchard Road - Suite 250
Englewood, CO 80111
Telephone: [phone]
Facsimile: [phone]
lhromyk~qwest.com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
~M1 tV /dlat!aJ
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-153734.10029164-00016
Amendment
to Terminate the Resale Agreement between
Qwest Corporation and
Topp Comm Inc. for the
State of Idaho
This Amendment ("Amendment") to the Resale Agreement is made and entered into by and
between Qwest Corporation ("Qwest") , a Colorado corporation , and Topp Comm Inc. ("CLEC"
CLEC and Qwest 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 Idaho ("Commission ) on March 31 , 1999;
WHEREAS, the Agreement expired on March 15, 2001 and has been extended on a month to
month basis;
WHEREAS, CLEC is not purchasing services from Qwest pursuant to the Agreement;
WHEREAS , the Parties have agreed to terminate the Agreement; and
WHEREAS , the Parties wish to amend the Agreement further 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:
A. Amendment Terms
The Agreement is hereby terminated and shall no longer be in force and effect on the Effective
Date.
B. Effective Date
This Amendment shall be deemed effective upon approval by the Commission; however, the
Parties agree to implement the provisions of this Amendment upon execution.
C. Entire Aareement
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
representations by or between the Parties , written or oral , to the extent they relate in any way to
the subjects of this Amendment.
Topp Comm Inc.
Amendment to CDS-981207-0126I1D
D. Counterparts
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.
opp com
a(~Name rintedfTyped
~L~~je::t'
Title
/ to ldJ'3
Date
Signature
L. T. Christensen
Name PrintedfTyped
Director - Business Policy
Title
~7/0~
Date
Topp Comm Inc.
Amendment to CDS-981207-0126I1D