A disagreement between Qwest Communications International Inc. and two companies involved in The Gateway apparently is not settled, after all.

Qwest has encountered problems in implementing an agreement it had with the project's developer, the Boyer Co., and the telecom company serving the project, FirstDigital Telecom. Had the agreement been implemented, Qwest would have dismissed a complaint it filed Dec. 12 regarding its inability to serve potential Gateway phone customers.

The Public Service Commission, with which Qwest filed its complaint, will have a hearing Thursday to receive an update on the matter and schedule any further proceedings. Qwest notified the commission Friday that "problems" had arisen in implementing agreements reached between the parties during an earlier meeting with the Division of Public Utilities.

Qwest has said Gateway tenants were being denied a chance to receive competitive telecom alternatives, in violation of state and federal law. It said Boyer/FirstDigital offered to allow Qwest in at prices that are "outrageous, discriminatory and unreasonable."

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But Boyer, a major stockholder in FirstDigital, and FirstDigital have said other telecom companies served the development by abiding by interconnection agreements with FirstDigital — something they said Qwest was unwilling to do. They also said Qwest had turned down recent low-cost offers to serve tenants.

Qwest has said more than 35 Gateway tenants have placed service requests with Qwest since July. The development opened in November and includes retail, entertainment and office space. Residential space will be available next spring.

The commission has encouraged the parties to resolve their disputes.


E-MAIL: bwallace@desnews.com

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