20071206Verizon letter.pdf

REC ~Christopher D. Oatway
Assistant General Counsel
ZOU1 DEC - 6 Pli 2= 4 i
1515 Nort Cour House Road
Suite 500
Arlington, VA 22201
Phone: 703.351.037
Fax: 703.351.676
christopher. d. oatway(¡j).verizon.com
November 5, 2007
Via Overnight Mail
Jean D. Jewell, Secretar
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83702
Re: Verizon Northwest, Inc. et al v. Level 3 Communications, LLC,
Case No. VZN-T-07-04
Dear Ms. Jewell:
On behalf of the Verizon companies in the above-captioned proceeding, I note that Level 3 has
not responded to Verizon's complaint, which was filed on October 17, 2007. Notwithstanding
that failure to respond, Verizon does not presently request an entr of default.
As descrbed in Verizon's complaint, Level 3 has filed tarffs in numerous states that are similar
or identical to the tarffthat is the subject ofVerizon's complaint in Idaho. Verizon and Level 3
have been engaged in high level discussions that, if successful, wil result in modifications that
would resolve Verizon's concers in all states, including in Idaho. Verizon believes that the
paries are close to reaching such a settlement.
If the ongoing settlement discussions are successful, Verizon wil be wiling to withdraw its
complaint in exchange for Level 3' s filing of a new tarff that implements the modifications
agreed to by the paries. Accordingly, Verizon respectfully suggests that the Commission not
enter an entr of default, but rather give the paries more time to settle the dispute. However,
Verizon reserves all rights to prosecute this litigation, including the argument that default
judgment should be entered against Level 3, in the event that Level 3 does not re- file a tarff
acceptable to Verizon.
Respectfully submitted,~o~
Chrstopher Oatway
cc: Mr. Stortz, General Counsel, Level 3 (via overight mail)