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HomeMy WebLinkAbout20220801Qwest Amendment with YMax Communications-UNE Resale.pdfLUMEN' August 1,2022 Via Email Submission s e cr etary@1t u e id.ah o. g ov Ms. Jan Noriyuki, Secretary Idaho Public Utilities Commission I1331 W. Chinden Blvd., Bldg. 8, Ste. 201-A Boise, D 83714 Re:Case No.: Application for Approval of Amendment to Interconnection Agreement Dear Ms. Noriyuki: Attached for frling are an Application for Approval of Amendment to Interconnection Agreement along with the Unbundled Network Elements (INEs) - Resale Forbearance Amendment to the lnterconnection Agreement between Qwest Corporation dba CenturyLink QC ("CenturyLink") and YMax Communications Corp forthe State of Idaho. CenturyLink respectfully requests that this matter be placed on the Commission Decision Meeting Agenda for expedited approval. Please feel free to contact me with any questions regarding this submission. Thank you for your assistance in this matter. Sincerely Sliil,l t)rybof'fr Josie Addingtdft Legal Assistant Attachments cc: Service List 1600 Tt Avenue, Floor 15 Seattle, Washington 981 91 206-806-7339 Josie.addington@lumen.com William E. Hendricks, III (WSBA#29786) Lumen 902 Wasco Street Hood River, OR 97031 s4t-387-9439 Tre.hendricks@lumen. com Arpr,rclrroN oF Qwrsr ConponnrloN DBA Cprvn-nyl,nr QC FonArpnovAl oF AI\ AurxounNT To IxtpRcoxuECTIoN Acnnrprpxr wrrH YMAX Cou*ruxtcATloNs Conp. Punsulur ro47 U.S.C. $252(e) BEFORE THE IDAIIO PUBLIC UTILITIES COMI\ISSION CASE NO.: APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT Qwest Corporation dba CenturyLink QC ("CenturyLink") hereby files this Application for Approval of Amendment to the Interconnection Agreement. The Interconnection Agreement was approved by the Idaho Public Utilities Commission on September 13,2006 under Order No. 30127 (the "Agreement"). The Unbundled Network Elements (UNEs) - Resale Forbearance Amendment ("Amendment") between CenturyLink and YMax Communications Corp. ("YMax") 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 portion(s) thereof) discriminates against a telecommunications carrier not a party to this AppLrc,q.rroN FoR AppRovAL or AptENotvtENT To lNrnncouuecrtoN AcnrBurNr tYMAx Couut-iNtcerIoNs conr.l - Page I agreement; or the implementation of such an amendment (or portion) is not consistent with the public interest, convenience and necessity. CenturyLink 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 YMax to interconnect with CenturyLink facilities and to provide customers with increased choices among local telecommunications services. CenturyLink furttrer 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 l't day of August,2022. CENTTIRYLINK William E. Hendricks, III Attorney for Qwest Corporation dba CenturyLink QC AppLICATToN FoR AppRovAL oF AMENDMENT To IrqrsncoNNECTIoN AcnselureNr [YMAX CouurimcerroNs coRp.] - P age 2 CERTIFICATE OF SERYICE I hereby certiff that on this 1$ day of August,2022,I senred the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONI\IECTION AGREEMENT upon all parties of record in this matter as follows: Jan Noriyuki, Secretary Idaho Public Utilities Commission Laurie Frank Vice President Operations YMa:r Communications Corp. Via Email: secretary@puc. idaho. eov Via Email: Laurie. frank@masicj ack.com C,*-,rAa?/fr JosieMdinfton / AppLrcATIoN roR Appnovar or AuBunuENT To INTERooNNEcTIoN AcnrsMENr IYMAX CoMMUMCATIoNS coRP.] - Page 3 Unbundled Network Elements (UNES) - Resale Forbearance Amendment to the lnterconnection Agreement between Qwest Corporation dba CenturyLink QC and Ymax Gommunications Gorp. for the State of ldaho This is an Amendment ("Amendment') to the lnterconnection Agreement between Qwest Corporation dba CenturyLink QC ("CenturyLink'), a Colorado corporation, and Ymax Communications Corp. ('CLEC"). CenturyLink and CLEC shall be known jointly as the "Parties'. RECITALS WHEREAS, the Parties entered into an lnterconnection Agreement ("Agreement") for service in the state of ldaho which was approved by the Commission on September 13, 2006; and WHEREAS, on July 12, 2019, the Federal Communications Commission (the, "FCC" or "Commission") released Order FCC 19-66, a Report and Order on Remand and Memorandum Opinion and Order in WC Docket Nos. 18-141, et al(the "UNE Transport Orde/'), which became effective upon release; and WHEREAS, on August 2, 2019, the FCC released Order FCC 19-72, a Memorandum Opinion and Order in WC Docket 18-141 (the 'UNE Analog Loop and Resale Forbearance Order'), which became effective upon release (together, with the UNE Transport Order, collectively referred to as the "Forbearance Orders"); and WHEREAS, the Parties agree that the Forbearance Orders are changes in Applicable Law that, pursuant to the terms of the Agreement, must be incorporated through an amendment to the Agreement; and WHEREAS, in order to implement the terms of the Forbearance Orders and consistent with the terms of the Agreement regarding changes in Applicable Law, the Parties desire 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: Amendment Terms The Agreement is hereby amended by adding terms and conditions for Unbundled Network Elements (UNEs) and Resale as set forth in Attachment 1 and Exhibit A to this Amendment, attached hereto and incorporated herein by this reference. Any capitalized terms not defined specifically in this Amendment are as defined in the Agreement. Effective Date This Amendment shall be deemed effective upon approval by the Commission, or by being permitted to go into effect by operation of law; however, the Parties may agree to implement the May 11, z922kicluNE-Resale Forbearance Amdl/Mar/lD 1 Q Amendment to CDS-060809-000 1 (v.01.22.20204) provisions of this Amendment upon execution. To accommodate this need, CLEC must generate, if necessary, an updated Gustomer Questionnaire. The Parties agree that so long as CenturyLink implements the billing changes and the true-up as set forth below, the CLEC's bills shall be deemed accurate and adjusted without error. Further Amendments Except as modified herein, the provisions of the Agreement shall remain in full force and efiec't. 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 Pafi 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 wananty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. Entire Aoreement The Agreement as amended (including the documenb 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 wtrich is deemed an original, but all of which shall constitute one and the same instrument. YMax Communlcations Corp.Qwest Corporation dba CenturyLlnk QC t rrn>Fratl.Kimbe,rlv I Povir* Lauri€ Frank (Jun 21, 2022 21:01 EDT)Ximberly J. Pilvirk (Jun 22,2022 06:00 CDT) Signature Laurie Frank Name Printed/Typed Vice President Ooerations Title Jun21,2022 Date May 1 1, 2022lkicluNE-Resale Forlcearance Amd/YMax/lD Q Amendment to C DS{60809-000 1 (v. 01 .22.20204) Name Printed/Typed Sr. Dir. Bus. Oos Wholesale Sales Signature Kimberlv J. Povirk Title Jun 22,2022 Date 2 ATTACHMENT 1 ATTACHMENT 1 1. Resale Provisions - Pursuant to the Forbearance Orders, CLEC's ability to order new services and retain existing services from CenturyLink for resale pursuant to Sections 6, including Directory Listings and Directory Assistance that pertain to Resale, of the Agreement are altered as follows: a. Effective Date to February 2, 2O2O - During the time period from the Effective Date of this Amendment until February 2,2020, CLEC may order any services for resale pursuant to the applicable terms and conditions of the Agreement. ln addition, CLEC may make changes in existing resold services, also pursuant to the applicable terms of the Agreement, until February 2,2020. b. February 2,2020 to August 2,2022 - After February 2,2020, CLEC cannot order any services for resale from CenturyLink pursuant to the applicable provisions of the Agreement. Any orders for new services for resale will be pursuant solely to the terms of the applicable Tariff for the service including any ICB agreements entered into under the applicable Tariffs. i. For any services procured for resale under the terms of the Agreement ("Existing Resale Services') on February 2,2020 or prior, CenturyLink will continue to provide such Existing Resale Services pursuant to the terms of the Agreement, including any discounts delineated in Exhibit A of the Agreement. ii. CLEC cannot make any changes to such Existing Resale Services, as they will be treated in a "grandfathered" status, with continued receipt or disconnection of the Existing Resale Services the only options under the Agreement available to CLEC. !f CLEC issues an order to change such services, it will be treated as new services for resale and will be provided solely under the Tariffs, rather than under the Agreement. iai. CLEC agrees that it will no longer submit any orders for resale services under the Agreement from CenturyLink after February 2,2020. CLEC agrees that it is the CLEC's responsibility to ensure that no further orders for resold services under the Agreement are submitted after February 2, 2020. lf resold services are ordered after February 2,2020 CLEC agrees that the Agreement is no longer in effect and resold services are being ordered per the applicable tariff at the ful! rates in the tariff. 1. !n order to ensure compliance with these provisions, the Parties agree that CenturyLink, on no more than quarterly basis, may conduct an audit of CLEC's order activity after February 2,2020, in order to identifo any mistaken instances of attempting to order resold services under the terms of the Agreement. 2. Should such instances occur, the Parties further agree that CenturyLink may issue a bi!! using the effective date of the changes that the applicable service was originally ordered ("Resale True.Up Bill") removing the discount for such services and billing under the Tariffs at full tariffed prices. CLEC agrees May 1 1, z02UkjcluNE-Resale Forlcearance AmdfYMax/lD Q Ame ndment to C DS-060809-000 1 (v.01 .22.20204) 3 ATTACHMENT 1 not to contest such Resale True-Up Bills unless such billing is not consistent with the applicable Tariff. c. After August2,2022 - The Parties agree that CenturyLink will no longer provide any Existing Resold Services under the terms of the Agreement afier August 2, 2022. CLEC is solely responsible for either disconnecting such Existing Resold Services prior to August 2, 2022 or ordering them as new services under the applicable Tariffs. 2. UNE Analog Loops - Pursuant to the terms of the Forbearance Orders, the terms and conditions under which CLEC may order and maintain Analog Unbundled Loops, as defined in Section 9.2.2 provided in the Agreement and Two-Wire/Four-Wire Unbundled Distribution Loop, as provided in Section 9.3.2.1.1 of the Agreement (together, refened to as "Analog Unbundled Loops") are altered as follows: a. Effective Date to February 2,2020 - During the time period from the Effective Date of this Amendment until February 2, 2020, CLEC may order Analog Unbundled Loops pursuant to the applicable terms and conditions of the Agreement. ln addition, CLEC may make changes in existing Analog Unbundled Loop arrangements, also pursuant to the applicable terms of the Agreement. b. February 2,2020 to August 2,2022 - After February 2,2020, CLEC cannot order any Analog Unbundled Loops from CenturyLink pursuant to the applicable provisions of the Agreement. i. For any Unbundled Analog Loops procured under the terms of the Agreement ('Existing Analog Loops") on February 2, 2020 or prior, CenturyLink will continue to provide such Existing Analog Loops pursuant to the terms of the agreement, including the applicable rates delineated in Exhibit A of the Agreement. ii. CLEC cannot make any changes to such Existing Analog Loops, as they will be treated in a "grandfathered" status, with continued receipt or disconnection of the Existing Analog Loops the only options under the Agreement available to CLEC. lf CLEC issues an order to change such services, it will be treated as a conversion to Special Access services being provided solely under the Tariffs, rather than under the Agreement. iii. CLEC agrees that it will no longer submit any orders for Unbundled Analog Loops under the Agreement from CenturyLink after February 2, 2020. CLEC agrees that it is the responsibility of the CLEC to ensure that no further orders for such Analog Unbundled Loops under the Agreement are submitted after February 2,2020. 1. !n order to ensure compliance with these provisions, the Parties agree that CenturyLink, on a no more than quarterly basis, may conduct an audit of CLEC's order activity after February 2,2020, in order to identify any mistaken instances of attempting to order Analog Unbundled Loops under the terms of the Agreement. 2. Should such instances occur, the Parties further agree that CenturyLink will request CLEC to disconnect such services and order them as new by ordering the Special Access service under May 1 1, 2022llgcl UNE-Resale Forbearance Amdl/Max/lD Q Amendm ent to C DS-060809-000 1 (v.01 .22.20204) 4 ATTACHMENT 1 the applicable Tariff, changing the applicable rate charged, and CenturyLink may issue a bi!! using the effective date of the changes that the applicable Unbundled Analog Loop was originally ordered ("Analog Loop True-Up Bill"). CLEC agrees not to contest such Analog Loop TrueUp Bills unless such billing is not consistent with the applicable Tariff. iv. CLEC agrees that any provisions in the Agreement that provide for Line Splitting or Loop Splitting are also removed and may no longer be ordered, as they all involve an order of an Unbundled Analog Loop. Any existing arrangements will be maintained during the time period of this section. c. After August2,2O22 - The Parties agree that CenturyLink will no longer provide any Unbundled Analog Loops under the terms of the Agreement after August 2, 2022, including any arrangements for Line Splitting or Loop Splitting. CLEC is solely responsible for either disconnecting such Analog Unbundled Loops prior to August 2, 2022 or converting them to a service under the applicable Tariffs. For any Analog Unbundled Loops in place as of August2,2022, CLEC agrees that CenturyLink will convert any such Analog Unbundled Loops to the appropriate SpecialAccess service under the applicable Tariff, and CLEC is then responsible for such services under that Tariff. ln addition, should any charges be necessary as part of that conversion, CLEC agrees that it is responsible for payment of such charges and wil! not dispute application of such charges necessary for the conversion. As Line Splitting and Loop Splitting are not available service under CenturyLink's Tariffs, CLEC must convert to alternative arrangements that meet its needs, as such arrangements will otherwise be terminated after August 2, 2022. d. Alternative Analog Unbundled Loops Commercia! Arrangements - The Parties understand and agree that the Forbearance Orders specifically permit alternative commercial arrangements for the provision of UNEs that are impacted by the Forbearance Orders. Nothing in this Amendment either requires CenturyLink to enter into such alternative arrangements or prohibits the Parties from reaching an agreement on terms and conditions of such alternative arrangements. The Parties agree that nothing in such alternative arrangement would ever be intended to change any of the obligations under this Agreement, rather to be in paralle! to the terms and conditions of the Agreement. e. UNE Combinations - Any UNE Combinations provided under the Agreement that might include UNE Analog Loop are also treated as UNE Analog Loops under this Agreement. 3. UNE Transport - Pursuant to the terms of the Forbearance Orders, the terms and conditions under which CLEC may order and maintain Unbundled Dedicated lnteroffice Transport ("UDIT'), as provided in Section 9.6.1,1 of the Agreement and Enhanced Extended Loop ("EEL"), ss provided in Section 9.23.3.7 of the Agreement (together, referred to as'UNE Transport') are altered as follows: a. Effective Date to January 12,2020 - During the time period from the Effective Date of this Amendment until January 12, 2020, CLEC may order UNE Transport pursuant to the applicable terms and conditions of the Agreement. In addition, May 1 1, 2022lkjc/U N E-Resale Forbearance AmdfYMax/l D Q Amendment to C DS-060809-000 1 (v.01 .22.20204) 5 ATTACHMENT 1 CLEC may make changes in existing UNE Transport arrangements, also pursuant to the applicable terms of the Agreement. b. January 12, 2020 to July 12, 2022 - After January 12, 2020, CLEC cannot order any UNE Transport from CenturyLink pursuant to the applicable provisions of the Agreement that has each endpoint in one of the Serving Wire Centers listed on the Wholesale webslte: http://www.centurvlink.com/wholesale/clecs/nta.html#UNE-F to this Amendment ("Forbearance UNE Transport"). For any UNE Transport that does not meet the definition of Forbearance UNE Transport, such UNE Transport will continue to be available and provided under the terms of the Agreement, including the terms underwhich it may be withdrawn. i. For any Forbearance UNE Transport procured under the terms of the Agreement ('Existing Forbearance UNE Transport') on January 12,2020 or prior, CenturyLink will continue to provide such Existing Forbearance UNE Transport pursuant to the terms of the Agreement, including the applicable rates delineated in Exhibit A of the Agreement. ii. CLEC cannot make any changes to such Existing UNE Transport, as they will be treated in a "grandfathered' status, with continued receipt or disconnection of the Existing UNE Transport the only options under the Agreement available to CLEC. lf CLEC issues an order to change such services, it will be treated as a conversion to Special Access services being provided solely under the Tarffis, rather than under the Agreement. iai. CLEC agrees that it will no longer submit any orders for Forbearance UNE Transport under the Agreement from CenturyLink after January 12, 2020. CLEC agrees that it is the CLEC's responsibility to ensure that no further orders for such Forbearance UNE Transport under the Agreement are submifted afrer January 12,2020. 1. ln order to ensure compliance with these provisions, the Parties agree that CenturyLink, on a no more than quarterly basis, may conduct an audit of CLEC's order activity afier January 12,2020, in order to identify any mistaken instances of attempting to order Forbearance UNE Transport under the terms of the Agreement. 2. Should such instances occur, the Parties further agree that CenturyLink will convert such services to the Special Access service under the applicable Tarffi, changing the applicable rate charged as needed, and issue a billto make the effective date of the charges be the date the applicable Forbearance UNE Transport was originally ordered ('UNE Transport True'Up Bill'). CLEC agrees not to contest such UNE Transport True-Up Bills unless such billing is not consistent with the applicable Tariff. c. After July 12, 2022 - The Parties agree that CenturyLink will no longer provide any Forbearance UNE Transport under the terms of the Agreement after July 12, 2022. CLEC is solely responsible for either disconnecting such Forbearance UNE Transport prior to July 12, 2022 or converting to Special Access service under the applicable Tariffs. For any Forbearance UNE Transport in place as of July 12,2022, CLEC agrees that CenturyLink will convert any such Forbearance May 1 1, 2O22K1clUNE-Resale Forbearance Amdl/Max/lD Q Amendment to CDS-060809-0001 (v.01 22.20204) 6 ATTACHMENT 1 UNE Transport to the appropriate Special Access service under the applicable Tantf, and CLEC is then responsible for such services under that Tarffi. ln addition, should any charges be necessary as part of that conversion, CLEG agrees that it is responsible for payment of such charges and will not dispute application of such charges necessary for the conversion. d. Alternative UNE Transport Commercial Arrangements The Parties understand and agree that the Forbearance Orders specifically permit alternative commercial arrangements for the provision of UNEs that are impacted by the Forbearance Orders. Nothing in this Amendment either requires CenturyLink to enter into such alternative arrangements or prohibits the parties from reaching an agreement on terms and conditions of such alternative arrangements. The Parties agree that nothing in such alternative arrangement would ever be intended to change any of the obligations under this Agreement, rather to be in parallel to the terms and conditions of the Agreement. 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E. 15 9232 1 2a Zonc 3 s40 ! s 23 2.2 EEL LmD. OS0+WircAmlm EEL lwirc LmD lnsteletion 9.23.2-2.'.t.1 First $2.15.1 I o.E.1 s.23.2.2.1-2 Eadr Addilional 31a2.97 DE1 s_23.2.2.2 .ooo (see rates in 9.2.'1.3) s.23.2.2.2.1 Zone 1 330.70 D. E. t5 76 e?saa 63 9.23.2.2.2.3 Zone 3 379.47 D. E. 15 ,.23"2.3 s.23.2-3-1 EEL DSI LmD lnstalhtim c2a?:11 FiEt 3300 49 DFI 9-23-2.3.1.2 Each Addilioml 3225.3S D.E.I t?4242 DSI CaDable Loo ,sm rates in g 2 3 3l 9-25-2.3.2.1 Zom I 386..18 D. E. t5 9.23.2.3-2.2 z.ore2 3A6-46 DE15 76na 3 3CA 06 92426 EEL Reamnoemfftqra?A.l 313() A3 s.23.2.6.2 Hioh Ceoacitv 3148.50 D. E. 12 9.23.2.8 la-Yind s.23.2.A.1 DSI lo OS0 9263.86 s246.92 B.D.E D.E.I ?DS3lo DSi s3o/!.22 32aG.E2 EDF DEI 9.2t.2.9 92129 1 DSO LM Side Chtrnelizatim 313.10 B D.E r Channelirrtion j7 17 9. 9,25.1 Lm Mur 2-WircAnaloo 925 11 LMC 2-Wire lnstallation cr5 I j22A A1 DF1 s.25.1.1.2 Eech Additional s148.9€D.E.l 9.25.1.2 9.25.1.2.1 Zone 1 s15.65 D. E.15 ?5122 Zone 2 323.76 DE,15a)q1r?340 E252 llldMux 4WiEAnelm 9.25.2.1 s.25.2.1.',|FiEt $225.67 D-E.1 Fach Additionel 31a8-96 DEI 9.25.2.2 n 9.2.1.3) 125221 Zone 1 s30.70 D. E. 15a14)r,sa6 63 Page 2 of 3 19.25.2.2.3 lzme 3 379 l7 DE,I5 10.3.2 Premium / Privac, Listings Generd ErchangG Tarif Rate, Less Whol*ale Discount General Erdranoe farif Rate, Le3s Wholesale Discount D,E D.E NOTES: B Cost Dmket OWE-T-O1-, 1 Order No- 29408 ruanuaru 5. 2(m4l rales effeclive Januaru 5- 2(X)4 D The Federal Communicslions Commission (the, 'FCC' or "Comnission") rsleased Order FCC 1$66, a Report and Order on Remand and Memorandum Opinion and Order in WC Docket Nos. 1&141, et al (the 'UNE Transpon Ordef), and on August 2, 2019, released Order FCC 1$72, a Memorandum Opinion and Order in WC Docket 1&141 (the "UNE Anslog Loop and Resale Forbearance Ordet") which altered CenturyLink's obligations to provide certain unbundled network elemenB. As a result, any rate with this footnote attached to it only applies to UNES and Resold seMces acconling to the terms of the UNE/Resale Fotbearance Amendment of the Agreement. Any rate with lhis footnote is no longer applicable in any way afier Algusl2, 2022, agein E The rates in this table apply solely lo seMces ordered for UNgResale on or before February 2,2020. Any new services for UNEResale inconecty ordered after February 2, 2020 will not have the dis@unts or rates applicable in this table, but instead will be sublect to the applicable tariff, price list or catalog w I TELR|CratesproposedinCostDocketQWE-1-01-1ltestimonyfiledonNovember12,2003. Thecasewasbifurcatedandlheratesusingthisfootnoteare nmbeed in Ph.a. 2 ^f rha .6rt dmkat l)ates not address€d in Cosl Dckat (estimated TELRIC) tq Rate was Dreviousfu ordered for lhis elment in e diffarenl section of Eraibit A- Efibir A ldaho Page 3 of 3