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Home My WebLink About20060530Amendment.pdfQwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 " : ::~ 8 --2 Qwest~ Spirit of Service Maura E. Peterson Paralegal Regulatory Law : - ' i ,- Via Overnight delivery May 26, 2006 Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. USW-99- Application for Approval of Amendment to the Interconnection Agreement Fretel Communications, LLC Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and three (3) copies of the Application for Approval of Amendment to the Interconnection Agreement. Qwest respectfully requests that this matter be placed on the Commission Decision Meeting Agenda for expedited approval. Please contact e if you have any questions concerning the enclosed. Thank you for your assistance i this er. mep Enclosure cc: Service list - ) Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 3206 Seattle, WA 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam.sherr~qwest.com ' i !: :"., , ', ''" '" ', BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORATION FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~252(e) CASE NO.: USW-99- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") hereby files this Application for Approval of Amendment to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public Utilities Commission on August 27, 1999 (the "Agreement"). The Amendment with Frete1 Communications, LLC ("Fretel") 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. Qwest respectfully submits this Amendment provides no basis for either of these findings, and, therefore requests 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 Fretel to APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page I Fretel Communications, LLC Qwest Digital Subscriber Line Amendment interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Qwest further requests 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 26th day of May, 2006. Qwest Corporationfff~~Adam L. Sherr Attorney for Qwest APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 Fretel Communications, LLC Qwest Digital Subscriber Line Amendment CERTIFICATE OF SERVICE I hereby certify that on this 26th day of May, 2006, 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 O. Box 83720 Boise, Idaho 83720-0074 iiewell~puc.state.id. Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Shirley J. Linn Senior VP and General Counsel Fairpoint Communications, Inc. 521 East Morehead Street Suite 250 Charlotte, NC 28202 Hand Delivery U. S. Mail Overnight Delivery Facsimile ~mai~ Tracy L. Wiewel Product Manager-Voice Products FairPoint Communciations, Inc. 521 East Morehead Street, Suite 250 Charlotte NC 28202 Hand Delivery ---.lL u. S. Mail Overnight Delivery Facsimile ~mai~ APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 Fretel Communications, LLC Qwest Digital Subscriber Line Amendment Qwest Digital Subscriber Line (Qwest DSL TM) Amendment to the Interconnection Agreement between Qwest Corporation and Fretel Communications, LLC, an Idaho Limited Liability Company for the State of Idaho This is an Amendment ("Amendment") to the Interconnection Agreement between Owest Corporation ("Owest"), a Colorado corporation , and Fretel Communications, LLC, an Idaho Limited Liability Company ("CLEC"); (collectively, "the Parties 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 August 27, 1999 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 arid 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 changing the terms and conditions for Owest Digital Subscriber Line (Owest DSL TM), as set forth in Attachment 1 , attached hereto and incorporated herein. Effective Date This Amendment shall be deemed effective upon approval by the Commission; however, theParties agree to implement the provisions of this Amendment upon execution. Owest shall implement any necessary billing changes within two (2) billing cycles after the latest execution date of this Amendment. Further Amendments 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 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. April 11 , 2006/msd/Fretel Communications/ID Amendment to CDS-990518-0068 Entire AareemEmt The Agreement as amended (including the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subjects of the Agreement as amended 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 the Agreement as amended. 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. Fretel Communications, LLC an Idaho imite Liability Company Qwest Corporation --il~L SignatureSignature Peter G. Nixon Name Printed/Typed L. T. Christensen Name Printed/Typed Chief Operatinq Officer of MJD Ventures. Inc. Manaqer Title Director -Interconnection Aqreements Title Date 5/ '5/ ()(,; Date ~/s- /&&. April 11 , 2006/msd/Fretel Communications/ID Amendment to CDS-990518-0068 ATTACHMENT 1 ATTACHMENT 1 Qwest Digital Subscriber Line (Qwest DSL TM) General In the Report and Order and Notice of Proposed Rulemaking issued simultaneously in the Appropriate Framework for Broadband Access to the Internet over Wireline Facilities Proceeding, Docket No. 02-33 (and associated dockets), FCC 05-150 ("Order ?, effective November 16, 2005, the FCC determined that facilities-based wireline broadband Internet access service is an information service. The Order permits carriers such as Owest to offer broadband Internet access services on either a Title I or Title II basis. Qwest has decided to offer Owest High Speed Internet Service (also known as Owest Digital Subscriber Line (Owest DSLTM) service) on a Title I basis. With this reclassification, Qwest has elected to withdraw its tariffed DSL offerings. 2 CLEC's I nterconnection Agreement includes access to certain Owest DSL TM products, including, but not limited to, when purchased in conjunction with certain UNE-P and/or Resale services. As of the execution date of this Amendment, CLEC shall not order or purchase and Owest will not offer or provide any Owest DSL TM services out of CLEC's existing Interconnection Agreement(s) with Owest. Notwithstanding, nothing in this Amendment shall prevent Owest from offering or providing commercially negotiated replacement products to CLEC. April 11 , 2006/msd/Fretel Communications/lD Amendment to CDS-990518-0068