20131218Application.pdf

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December 16,2Ol3
Filing Center
Idaho Public Utilities Commission
P.O. Box 83720
Boise, lD 83720-0074
Dear Filing Center:
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805 Central Expressway South
Suite 200
Allen, Texas 75013
Phone 972-908-zl4l5
Fax[phone]
Email : kimberly.a.douglass @ ftr.com
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Kim Douglass
Manager
Compliance - Regulatory Affairs
Enclosures
NIEW CASE
The enclosed filing was originally sent via UPS on December 5,2013. Due to the ice storms in
Dallas that week and the following week, the package was somehow lost by UPS. Although I
requested atrace on the package, UPS has not been able to locate the package to date.
If by chance the original package is found and sent tc you, please disregard it. The enclosed is
meant to replace what UPS lost.
Please call me at [phone] if you have any questions.
Sincerely,
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December 4,2013
Ms. Jean Jewell, Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise,lD 83720-0074
Dear Ms. Jewell:
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805 Central Expressway South
Suite 200
Allen, Texas 75013
Phone [phone]
Fax214-383-?737
Email: kimberly.a.douelass (@ ftr.com
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Kim Douglass
Manager
Compliance - Regulatory Affairs
Enclosures
NEW CASE
Enclosed for filing and approval is an interconnection agreement between Citizens
Telecommunications Company of Idaho ("Frontier") and CTC Telecom, Inc. consisting of a
letter, by which CTC Telecom, Inc. adopts the Frontier - Ednetics, Inc. agreement approved by
the Commission in Docket No. CTC-T-13-01.
Please call me at [phone] if you have any questions.
Sincerely,
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October 31,2013
Richard Wiggins
President
130 N Superior Street
Cambridge lD 83610
NEW CASE
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Stephen LeVan
SVP, Carrier Sales and
Services
180 S. Clinton Ave
Rochester, NY 14646
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Re: Requested Adoption Under Section 252(i) of the Communications Act
Dear Mr. Wiggins:
Citizens Telecommunications Company of ldaho ("Frontier"), a Delaware corporation, with
principal place of business at 180 S. Clinton Avenue, Rochester, NY, 14646, has received
correspondence stating that CTC Telemm, lnc. ("Carrie/'), an ldaho mrporation, with
principal place of business at 130 N Superior Street, Cambridge, lD 83610, wishes,
pursuant to Section 252(i) of the Communications Act, to adopt the terms of the
lnterconnection Agreement between Ednetics, lnc. ("Carrie/') and Frontier that was
approved by the ldaho Public Utilities Commission (the "Commission") as an effective
agreement in the state of ldaho in Case Number CTC-T-13-01, Order Number 32797, as
such agreement exists on the date hereof after giving effect to operation of law (the
"Terms"). I understand Canier has a copy of the Terms. Please note the following with
respect to Carrie/s adoption of the Terms.
1. By Carrieds countersignature on this letter, Carrier hereby represents and agrees to
the following seven points:
A. Carrier adopts (and agrees to be bound by) the Terms, and, in applying the Terms,
agrees that Carrier shall be substituted in place of Ednetics, lnc. in the Terms wherever
appropriate.
B. For the avoidance of any doubt, adoption of the Terms does not include adoption of
any provision imposing an unbundling obligation on Frontier (i) that no longer applies to
Frontier under the Report and Order and Order on Remand (FCC 03-36) released by the
Federal Communications Commission ("FCC") on August 21,2003 in CC Docket Nos. 01-
338, 96-98,98-147 ("Triennial Review Orde/'), or the Order on Remand in WC Docket No.
04-313 and CC Docket No. 01-338, released by the FCC on February 4,2005 (the "TRO
Remand Order"), or (ii) that is otherwise not requiredby 47 U.S.C. Section 251(c)(3) or by
47 C.F.R. Part 51.
C. Notice to Carrier and Frontier as may be required or permitted under the Terms shall
be provided as follows:
CTC Telecom MFN v031013
To CTC Telecom, lnc.
Richard Wiggins
President
130 N Superior Street
Cambridge, lD 83610
Telephone N um ber: 208-257 -331 4
Facsimile Number: 208-257 -331 0
[e-mail]
To Frontier:
Frontier Commu nications
Attn: Director, Business Operations - Carrier Services
180 S. Clinton Avenue
Rochester, NY 14646
Telephone Number: 585-777 -5131
Roderick. cameron@ftr. com
with a copy to:
Frontier Communications
Attn: Associate General Counsel
1800 41't Street
Everett, WA 98201
D. Carrier represents and warrants that it is a certified provider of local
telecommunications service in the state of ldaho, and that its adoption of the Terms will
cover services in Frontier's service territory in Citizens Telecommunications Company of
ldaho for the state of ldaho only.
E. ln the event an interconnection agreement between Frontier and Carrier is currently
in effect in the state of ldaho (the "Original lCA"), this adoption shall be an amendment and
restatement of the operating terms and conditions of the Original lCA, and shall replace in
their entirety the terms of the Original lCA. This adoption is not intended to be, nor shall it
be construed to create, a novation or accord and satisfaction with respect to the Original
lCA. Any outstanding payment obligations of the parties that were incurred but not fully
performed under the Original ICA shall constitute payment obligations of the parties under
this adoption.
F. Carrier's adoption of the Terms shall be deemed effective on upon commission
approval of this adoption.
2. As the Terms are being adopted by Carrier pursuant to Section 252(i) of the Act,
Frontier does not provide the Terms to you as either a voluntary or negotiated agreement.
The filing and performance by Frontier of the Terms does not in any way constitute a waiver
by Frontier of any position as to the Terms or a portion thereof, nor does it constitute a
waiver by Frontier of all rights and remedies it may have to seek review of the Terms.
CTC Telecom MFN v031013
3. Nothing herein shall be construed as or is intended to be a concession or admission
by Frontier that any provision in the Terms complies with the rights and duties imposed by
the Act, the decisions of the FCC and the Commission, the decisions of the courts, or other
law, and Frontier expressly reserves its full right to assert and pursue claims arising from or
related to the Terms.
4. Frontier reserves the right to deny Carrier's application of the Terms, in whole or in
part, at any time:
A. when the costs of providing the Terms to Carrier are greater than the costs of
providing them to Ednetics, lnc.;
B. if the provision of the Terms to Carrier is not technically feasible; and/or
C. to the extent that Frontier otherwise is not required to make the Terms
available to Carrier under applicable law.
5. For the avoidance of any doubt, please note that adoption of the Terms will not result
in reciprocal compensation payments for lnternet traffic. Frontier has always taken the
position that reciprocal compensation was not due to be paid for lnternet traffic under
section 251(bxs) of the Act. Frontier's position that reciprocal compensation is not to be
paid for lnternet traffic was conflrmed by the FCC in the Order on Remand and Report and
Order adopted on April 18, 2001 and in the Order on Remand and Report and Order and
Further Notice of Proposed Rulemaking, CC Docket No. 99-68, (adopted November 5,
2008) ('FCC lnternet Orders"), which held that lnternet tratfic constitutes "information
access" outside the scope of the reciprocal compensation obligations set forth in section
251(b)(5) of the Act. Any compensation to be paid for lnternet traffic will be handled
pursuant to the terms of the FCC lnternet Orders, not pursuant to adoption of the Terms.
Moreover, in light of the FCC lnternet Orders, even if the Terms include provisions invoking
an intercarrier compensation mechanism for lnternet traffic, any reasonable amount of time
permitted for adopting such provisions has expired under the FCC's rules implementing
section 252(i) of the Act. ln fact, the FCC lnternet Orders made clear that carriers may not
adopt provisions of an existing interconnection agreement to the extent that such provisions
provide compensation for lnternet traffic.
6. Should Carrier attempt to apply the Terms in a manner that conflicts with Paragraphs
Two through Paragraphs Five above, Frontier reserves its rights to seek appropriate legal
and/or equitable relief.
7. ln the event that a voluntary or involuntary petition has been or is in the future filed
against Carrier under bankruptcy or insolvency laws, or any law relating to the relief of
debtors, readjustment of indebtedness, debtor reorganization or composition or extension of
debt (any such proceeding, an "lnsolvency Proceeding"), then: (A) all rights of Frontier
under such laws, including, without limitation, all rights of Frontier under 11 U.S.C. S 366,
shall be preserved, and Carrier's adoption of the Terms shall in no way impair such rights of
Frontier; and (B) all rights of Carrier resulting from Carrier's adoption of the Terms shall be
subject to and modified by any Stipulations and Orders entered in the lnsolvency
CTC Telecom MFN v031013
Proceeding, including, without limitation, any Stipulation or Order providing adequate
assurance of payment to Frontier pursuant to 11 U.S.C. S 366.
8. Pursuant to the terms of the underlying agreement with Ednetics, CTC Telecom and
Frontier have agreed to use the existing meet point in place today between Cambridge
Telephone and Citizens Telecommunications Company of ldaho. The Parties have agreed
the POI will be the boundary line between the two exchanges and each Party agrees to pay
its portion of the trunking required to reach their respective end offices.
CTC Telecom MFN v031013
SIGNATURE PAGE
Please arrange for a duly authorized representative of Canier to sigri'tHi3' fbttdrihlhdtpace
provided below and retum it to Frontier.
Sincerely,
CITIZENS TELECOMMUNICATIONS COMPANY OF IDAHO
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Stephen LeVan
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(DATE)
Reviewed and countersigned as to Paragraph 1:
CTC TELECOM, INC.
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(DATE)
\Mggins
CICTelEcom MFN v0310ljl