HomeMy WebLinkAbout20050125Application.pdfRECEIVED 0
BEFORE THE l'l LED
IDAHO PUBLIC UTILITIES CONr3i~~N AM ~:2'
IN THE MATTER OF KMC DATA LLC
FO R ADO PTI 0 N OF THE
INTERCONNECTION AGREEMENT BETWEEN
QWEST CORPORATION AND MCImetro
ACCESS TRANSMISSION SERVICES LLC
to 1..\U UBLiC
IDT1LITtES eOMHlSStnN
Docket No.
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
Data LLC ("KMC Data ) 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 Data
states as follows:
KMC Data 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 Data 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 Data 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 Data respectfully requests that the
V AO 1/EDMOA/56842.
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 Data 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 s. 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 Data Agreement does not reflect the CoreComm Forbearance Decision, KMC Data
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 Data/Qwest interconnection agreement:
Marva Brown Johnson
KMC TELECOM
1755 North Brown Road
Lawrenceville, GA 30043
(678) 985-6220 (telephone)
(678) 985-6213 (facsimile)
Commission treat this filing as application for approval ofKMC Data 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 AOllEDMOA/56842.
and copies to:
Raymond Pifer
KMC TELECOM
1755 North Brown Road
Lawrenceville GA 30043
(678) 985-6441 (telephone)
(678) 985-6213 (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 Data prays the Commission enter an order acknowledging
KMC Data s adoption of the MCImetro Agreement.
Respectfully submitted
On&!By: dJ.w~
Brad E. Mutschelknaus
Andrea P. Edmonds
KELLEY DR YE AND WARREN LLP
1200 19th Street, N., Suite 500
Washington, DC 20036
Telephone: (202) 955-9600
Facsimile: (202) 955-9792
Attorneys for KMC Data LLC
Dated: January 21 , 2005
V AO lIEDMOA/56842. 1
CERTIFICATE OF SERVICE
Andrea Pruitt Edmonds, Attorney for KMC Data LLC, do hereby certify that on this 21 st 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
~r u.-V
V AOllEDMOA/56842.
ATTACHMENT A
KELLEY DRYE & WARREN LLP
A LIMITED LIABILITY PARTNERSHIP
1200 19TH STREET , N.
SUITE 500 FACSIMILE
NEW YORK, NY
TYSONS CORNER, VA WASHINGTON , D.C. 20036 (202) 9S5-9792
www.kelleydrye.com
CHICAGO, IL
STAMFORD, CT (202) 955-9600
PARSIPPANY, NJ DIRECT LINE: (202) 955-9869
BRUSSELS, BELGIUM EMAIL: kbaraga~kelleydrye.com
AFFILIATE OFFICES
JAKARTA , INDONESIA
MUMBAI, INDIA
-,-,
December 08, 2004
VIA EMAlL, F ACSI~nLE AND OVERNIGHT DELIVERY
Steve Dea, Manager- Interconnection Agreements
Qwest Corporation
1801 California Street, Suite 2420
Denver Colorado, 80202
(303) 965-3527
steve.dea(?Yqwest.com
Re:Notification of KMC Data LLC, 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:
KiylC Data LLC ("KMC Data ), by its attorneys, hereby notifies Qwest
Corporation ("Qwesf') of its adoption , pursuant to section 252(i) of the Communications Act of
1934, as amended, 47 U .C. ~ 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 Data hereby adopts the terms and conditions
of the MCI Agreement as the terms and conditions that will govern the relationship between
Qwest and KMC Data in the State of Idaho.
By execution of this adoption letter and any related correspondence or
documentation, neither KMC Data 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. In addition, KMC Data s adoption of the MCI Agreement does not
affect any rights KMC Data has to adopt or negotiate/arbitrate amendments or successor
agreements to the agreement formed through this adoption.
DCOIIBARAK/229813.
IV1r. Dea
Qwest Corporation
... December 08 , 2004
Page Two
KELLEY DRYE & WARREN LLP
KMC Data reserves the right to amend the MCI Agreement to reflect the terms
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 s.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 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. The MCI Agreement does not reflect the CoreComm
Forbearance Decision so KMC Data reserves the right to amend the ~'1CI agreement to reflect the
CoreComm Forbearance Decision once this adoption becomes effective.
In processing this adoption, please include the follo\ying contact information for
the Notice sections of the KMC Data/Qwest interconnection agreement:
Marva Brown Johnson
KMC Telecom
1755 North Brown Road
Lawrenceville, GA 30043
(678) 985~6220 (telephone)
(678) 985-6213 (facsimile)
and copies to:
Raymond Pifer
KMC Telecom
1755 North Brown Road
Lawrenceville, GA 30043
(678) 985-6441 (telephone)
(678) 985-6213 (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).
DCOIIBARAK/2298 13.
,..
Mr. Dea
Qwest Corporation
. !December 08, 2004
Page Three
KELLEY DRYE & WARREN LLP
(202) 955-9600 (telephone)
(202) 955-9792 (facsimile)
.- -- ---- '
By sending this letter, KMC Data 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 08
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, however, that l(11fC Data 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 Q\vest within five (5) business days from the date of this letter.
Thank you for your anticipated cooperation in this matter.
\ ffi~ed
Brad Mutschelknaus
Denise N. Smith
Karly E. Baraga
Counsel to KMC Data LLC
cc:Marva Brown Johnson, KMC Data LLC
Raymond Pifer, K.1\1C Data LLC
DCO l/BARAK/2298 13.
Mr. Dea
Qw~st Corporation
.. December 08, 2004
Page Four
KELLEY DRYE & WARREN LLP
ACKNO'VLEDGED AND AGREED TO:
Qwest
BY:
DATED:
DCOl/BARAK/2298 1 3.
(signature)
(name)