20050125Application.pdf

ECflVfD m
BEFORE THE fILED
IDAHO PUBLIC UTILITIES COMMISSI~15 JAPl24 AH ':33
IN THE MATTER OF KMC TELECOM V, INC.
FOR ADOPTION OF THE
INTERCONNECTION AGREEMENT BETWEEN
QWEST CORPORATION AND MCImetro
ACCESS TRANSMISSION SERVICES LLC
. .
l-HJ FiUBLICUTILITiES COMMISSION
Docket No.
He -D5-o I
NOTICE OF ELECTION OF INTERCONNECTION AGREEMENT
In accordance with Sections 251 and 252 of the Communications Act of 1934, as
amended by the Telecommunications Act of 1996 (the "Act"), 47 U.C. ~~ 151 et seq.KMC
Telecom V, Inc. ("KMC V") hereby files its Notice of Election of the Interconnection
Agreement between Qwest Corporation ("Qwest") and MCImetro Access Transmission Services
LLC ("MCImetro ) for the State of Idaho and respectfully requests that the Idaho Public Utilities
Commission (the "Commission ) enter an order acknowledging the adoption of the
interconnection agreement, effective as of December 8 , 2004.1 In support hereof, KMC V states
as follows:
KMC V elects to receive interconnection services in accordance with the terms of
the interconnection agreement between Qwest and MCImetro (the "MCImetro Agreement"), as
approved by the Commission on November 21 2002 in Docket No. QWE-02-22. On
December 8 , 2004, KMC V notified Qwest by letter of its intent to adopt the MCImetro
Agreement, but has been unable to reach agreement with Qwest with regard to certain terms for
the adopted agreement. Accordingly, KMC V is exercising its adoption rights under the Act by
making this filing directly with the Commission. A copy of the adoption notice to Qwest is
In the event prior Commission approval is required for adoption of an interconnection
agreement under Section 252(i) of the Act, KMC V respectfully requests that the
V AOI/EDMOAl56816.
appended hereto as Attachment A. A copy of the MCImetro Agreement already is on file with
the Commission and, therefore, is not attached hereto.
Notwithstanding the adoption of a preexisting agreement, KMC V reserves the
right to amend the MCImetro Agreement to reflect the terms of the Federal Communications
Commission s ("FCC") recent decision relating to reciprocal compensation for ISP-Bound
traffic. On October 8 , 2004, the Federal Communications Commission ("FCC") granted, in part
the Petition of Core Communications, Inc. for Forbearance under 47 Us. C. 160(c) from
Application of the ISP Remand Order in WC Docket No. 03-171
, ("
CoreComm Forbearance
Decision
).
In the CoreComm Forbearance Decision, the FCC granted Core Communications
petition for forbearance from the growth caps and new markets rule established in the FCC'ISP
Remand Order.The CoreComm Forbearance Decision was made effective as of October 8
2004 and, consequently, the growth caps and new market rules are no longer effective. Because
the KMC V Agreement does not reflect the CoreComm Forbearance Decision, KMC V reserves
the right to amend the MCImetro Agreement to reflect the CoreComm Forbearance Decision
once this adoption becomes effective.
In processing this adoption, please include the following contact information for
the Notice sections of the KMC V/Qwest interconnection agreement:
Marva Brown Johnson
KMC TELECOM
1755 North Brown Road
Lawrenceville, GA 30043
[phone] (telephone)
[phone] (facsimile)
Commission treat this filing as application for approval ofKMC V's adoption of the
MCImetro Agreement.
Intercarrier Compensation for ISP-Bound Traffic 16 FCC Rcd 9151 (2001) ISP
Remand Order ), remanded, WorldCom v. FCC 288 F.3d 429 (D.C. Cir. 2002), cert
denied 538 U.S. 1 (2003).
V AOliEDMOAl56816.
and copies to:
Raymond Pifer
KMC TELECOM
1755 North Brown Road
Lawrenceville, GA 30043
[phone] (telephone)
[phone] (facsimile)
In addition, the following contact information should be used solely for the
purpose of completing the adoption process:
Brad E. Mutschelknaus
Andrea Pruitt Edmonds
KELLEY DR YE & WARREN LLP
1200 Nineteenth Street, N.
Suite 500
Washington, DC 20036
WHEREFORE, KMC V prays the Commission enter an order acknowledging
KMC V's adoption of the MCImetro Agreement.
Respectfully submitted
By: ~U- P.
Brad E. Mutschelknaus
Andrea P. Edmonds
KELLEY DRYE AND WARREN LLP
1200 19th Street, N., Suite 500
Washington, DC 20036
Telephone: [phone]
Facsimile: [phone]
Attorneys for KMC Telecom V, Inc.
Dated: January 21 , 2005
V AO lIEDMOAl56816. 1
CERTIFICATE OF SERVICE
, Andrea Pruitt Edmonds, Attorney for KMC Telecom V, Inc., do hereby certify that on this 21
day of January 2005 a true and correct copy of the above Notice was sent via first class U.S. mail
to:
Mr. Steve Dea
Manager of Interconnection Agreements
Qwest Corporation
1801 California Street, Room 2420
Denver, CO 80202
V AOI/EDMOAl56816.
ATTACHMENT A
KELLEY DRYE & WARREN LLP
A LIMITED LIABILITY PARTNERSHIP
1200 19TH STREET, N.
SU ITE 500 FACSIMILE
NEW YORK, NY
TYSONS CORNER, VA WASHINGTON, D.C. 20036 [phone]
www.kelleydrye.com
CHICAGO, IL
STAMFORD, CT [phone]
PARSIPPANY, NJ DIRECT LINE: [phone]
EMAIL: kbaraga~kelleydrye.com
BRUSSELS, BELGIUM
AF'F'IL.IATE OF'F'ICES
JAKARTA, INDONESIA
MUMBAI, INDIA
-- --
December 08, 2004
VIA EMAIL, FACSIMILE AND OVERNIGHT DELIVERY
Steve Dea, Manager- Interconnection Agreements
Qwest Corporation
1801 California Street, Suite 2420
Denver Colorado, 80202
[phone]
steve.dea~qwest.com
Re:Notification of KMC Telecom V, Inc., Pursuant to Section 252(i) of the
Communications Act of 1934, as amended, to Adopt the Interconnection
Agreement Between Qwest Corporation and MCImetro Access
Transmission Services LLC for the State of Idaho
Dear Mr. Dea:
KMC Telecom V, Inc. ("KMC V"), by its attorneys hereby notifies Qwest
Corporation ("Qwest") of its adoption, pursuant to section 252(i) of the Communications Act of
1934, as amended, 47 D.C. 9 252(i) (the "Act"), of the interconnection agreement between
Qwest and MCImetro Access Transmission Services LLC ("MCI"), dated October 25 , 2002, for
the State of Idaho (the "MCI Agreement"
).
KMC V hereby adopts the terms and conditions of
the MCI Agreement as the terms and conditions that will govern the relationship between Qwest
and KMC V in the State of Idaho.
By execution of this adoption letter and any related correspondence
documentation, neither KMC V nor Qwest waives any of its rights or remedies under the Act;
the rules, decisions or administrative processes of the Federal Communications Commission or
the regulatory utility commissions, agencies, boards or departments in Idaho; or under any other
applicable law or regulation. KMC V's adoption of the MCI Agreement does not affect any
rights KMC V has to adopt or negotiate/arbitrate amendments or successor agreements to the
agreement formed through this adoption.
DCOI/BARAKl22981 5.
14f. Dea
)jest Corporation
December 08, 2004
Page Two
KELLEY DRYE & WARREN LLP
KMC V reserves the right to amend the MC! Agreement to reflect the terms of the
Federal Communications Commission s ("FCC"recent decision relating to reciprocal
compensation for ISP-Bound traffic. On October 8, 2004, the Federal Communications
Commission ("FCC") granted, in part, the Petition of Core Communications, Inc. for
Forbearance under 47 C. 160(c) from Application of the ISP Remand Order in WC Docket
No. 03-171
, ("
CoreComm Forbearance Decision
).
In the CoreComm Forbearance Decision
the FCC granted Core Communications s petition for forbearance from the growth caps and ne\v
markets rule established in the FCC'IS? Remand Order. The CoreComm Forbearance
Decision was made effective as of October 8, 2004, and consequently, the growth caps and ne\v
market rules are no longer effective. The MCI Agreement does not reflect the CoreComm
Forbearance Decision so KMC V reserves the right to amend the MCI agreement to reflect the
CoreComm Forbearance Decision once this adoption becomes effective.
In processing this adoption, please include the following contact information for
the Notice sections of the KMC V/Qwest interconnection agreement:
Marva Brown Johnson
KMC Telecom
1755 North Brown Road
Lawrenceville, GA 30043
[phone] (telephone)
[phone] (facsimile)
and copies to:
Raymond Pifer
KMC Telecom
1755 North Brown Road
Lawrenceville, GA 30043
[phone] (telephone)
[phone] (facsimile)
In addition, the following contact information should be used solely for the
purpose of completing the adoption process:
Brad Mutschelknaus
Denise N. Smith
Kelley Drye & Warren LLP
1200 Nineteenth Street, N.
Suite 500
Washington, DC 20036
Intercarrier Compensation for ISP-Bound Traffic 16 FCC Red 9151 (2001) ISP Remand Order
remanded, WorldCom v. FCC 288 F.3d 429 (D.c. Cir. 2002), cert denied 538 U.S. 1 (2003).
DCO 1 /BARAK/22 9815.
Mr. Dea
R\vest Corporation
December 08 2004
Page Three
KELLEY DRYE & WARREN LLP
[phone] (telephone)
[phone] (facsimile)
By sending this letter, KMC V has fully exercised its rights, under section 252(i)
of the Act, to adopt the MCI Agreement. Accordingly, the effective date for the interconnection
agreement formed through this adoption is the date of this notice, December 8, 2004. Kindly
acknowledge Qwest's receipt of this notification and agreement to the effective date by
. ,.
' ' executing a copy of this letter in the space provided and returning it to the undersigned counsel.
Please contact us at your earliest convenience in order to agree upon a process for the preparation
and filing of the interconnection agreement formed through this adoption. Please be advised
ho\vever, that KMC V reserves the right to proceed to file this adoption directly with the Idaho
Public Utilities Commission should the undersigned counsel not receive a signed
acknowledgement from Qwest within five (5) business days from the date of this letter.
Thank you for your anticipated cooperation in this matter.
Re pectfully submitted
Brad MU
Denise N. Smith
Karly E. Baraga
Counsel to KMC Telecom V, Inc.
cc:Marva Brown Johnson, KMC Telecom V, Inc.
Raymond Pifer, KMC Telecom V, Inc.
DCOI/BARAK/229815.
Mr. Dea
.'
Q'vvest Corporation
December 08 2004
Page Four
KELLEY DRYE & WARREN LLP
ACKNOWLEDGED AND AGREED TO:
Qwest
BY:
-----
DATED:
DCOI/BARAK/229815.
(signature)
(name)