20031103Amendment.pdf

Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
msho bson~stoe1. com
HECEIVED 0FILED
2n03 OCT 3 I Pli 5: 5 I
i t;
UTILITIES CDr1r'l1SSION
Tim Dodge, President
Multiband Communications, Inc.
2325 Birdie Drive
Bozeman, MT 59715
Telephone: [phone]
tim(Q),mul tibandcom. com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND MULTIBAND
COMMUNICATIONS, INC. FOR APPROVAL
OF A WIRELINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 US.
9252(E)
CASE NO.: USW-99-
APPLICATION FOR APPROVAL OF '
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and Multiband Communications, Inc. ("Multiband"
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 2 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 APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Boise-163677.1 0029164-00016
Multiband 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
Multiband to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Multiband 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 31 st day of October, 2003.
Qwest Corporation
tf~k---Mary S. Ho
Stoel Rives LP , Attorneys for Qwest
and
Tim Dodge, President
Multiband Communications, Inc.
APPLICA TION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
Boise-163677.10029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 31st day of October, 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
ii ewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Tim Dodge, President
Multiband Communications, Inc.
2325 Birdie Drive
Bozeman, MT 59715
Telephone: [phone]
tim~multibandcom.com
Hand Delivery
~ U.Mail
Overnight Delivery
Facsimile
Email
Mary Sullivan
Qwest Communications International Inc.
1801 California Street - Suite 3800
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
mmsull1 ~qwest. com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
.At ttf/Io l
Mary S. Ho
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Boise-163677.1 0029164-00016
Rate Update Amendment
to the Interconnection Agreement between
Qwest Corporation and
Multiband Communications, Inc.
for the State of Idaho
This Amendment ("Amendment") is made and entered into by and between Qwest Corporation
(flk/a U S WEST Communications, Inc.
) ("
Owest"), a Colorado corporation, and Multiband
Communications, Inc. ("CLEC"), a Delaware LLC.
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement, for service in the State
Idaho, that was approved by the Idaho Public Utilities Commission on March 2, 2000, as
referenced in Case No. USW-99-, Order No. 28292 ("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 rates in Exhibit A of the Agreement (and/or associated Amendments) are hereby amended
by adding rates for products previously identified as "Under Development" and "No Charge
1. Qwest developed rates for Exhibit A of the Agreement (and/or associated Amendments), that
were previously identified as "Under Development". The aforementioned newly developed rates
have been filed with the Commission in the approved SGA
2. An updated Exhibit A spreadsheet identifying the new rates is 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 Owest. CLEC will be notified when all system changes have been made. Actual order
processing may begin once these requirements have been met.
October 16, 2003/msd/Multiband/Rate Updates/I
Amendment to CDS-991129-0042
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.
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, 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.
Multiband Communications, Inc.
sfgnature Zd
Name Printed/Type
/l'75.
~ "
vi-
Title
Signature
L. T. Christensen
Name Printed/Typed
/(/-
15'-
Date
Director - Business Policv
Title
/z7!o
Date
October 16, 2003/msd/Multiband/Rate Updates/iD
Amendment to CDS-991129-0042
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