20020911Application.pdf

OST EL 101 5 Capitol Bouleva uite 1900
Boise.Idaho 83702
ATTORNEYS AT LAW
MARYS.HOBSON
Direct [phone]
September 11,2002 [e-mail]
VIA HAND DELIVERY
Ms.Jean Jewell,Secretary
Idaho Public Utilities Commission
472 W.Washington Street
Boise,Idaho 83720-0074
Re:CASE NO.CÛ¿
Joint Application of Qwest Corporation and BasicPhone,Inc.for Approval of
the Adoption of an Interconnection Agreement Pursuant to 47 U.S.C.§252(e)
Dear Ms.Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation and BasicPhone,Inc.is an
original and three (3)copies of the Application for Approval of the Adoption of an
Interconnection Agreement.The parties respectfullyrequest that this matter be placed on the
Commission Decision Meeting Agenda for expedited approval.
Please contact me if you have any questions concerning the enclosed.Thank you for your
assistance in this matter.
Very truly yours,
:blg
Enclosure
Oregon
Washington
California
Ut a h
Boise-146545.l 0029164-00016 I d a ho
VED
Mary S.Hobson (ISB #2142)e 9.
Stoel Rives LLP
101 South Capitol Boulevard -Suite 1900
Boise,ID 83702 d i iLTelephone:[phone]
Facsimile:[phone]
[e-mail]
Shari Harris
Director of Operations
BasicPhone,Inc.OrOn T2X2077631 NEW CASE
Telephone:[phone]
Facsimile:[phone]
[e-mail]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST )Case No.:$/A/L /CORPORATION AND BASICPHONE,INC.)
FOR APPROVAL OF THE ADOPTION OF AN )INTERCONNECTION AGREEMENT FOR )THE STATE OF IDAHO PURSUANT TO 47 )U.S.C.§252(e))
APPLICATION FOR APPROVAL OF THE ADOPTION
OF AN INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest")and BasicPhone,Inc.("BasicPhone")hereby jointly file
their Application for Approval of the Adoption of an Interconnection Agreement (the
"Agreement")for the State of Idaho.A copy of the Agreement dated August 16,2002,is
submitted herewith.
This Agreement was reached through voluntarynegotiations 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").
APPLICATION FOR APPROVAL OF THE ADOPTION OF AN INTERCONNECTION AGREEMENT -1
Boise-146546.1 0029164-00016
Section 252(e)(2)of the Act directs that a state Commission may reject an agreement
reached through voluntary negotiations only if the Commission finds that:the agreement (or
portion thereof)discriminates against a telecommunications carrier not a party to the agreement;
or the implementation of such an agreement or portion is not consistent with the public interest,
convenience and necessity.
BasicPhone and Qwest respectfullysubmit that this Agreement provides no basis for
either of these findings,and,therefore jointly request that the Commission approve the
Agreement expeditiously.The Agreement 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 will enable BasicPhone to
interconnect with Qwest facilities and to provide customers with increased choices among local
telecommunications services.
BasicPhone and Qwest further request that the Commission approve this Agreement
without a hearing.Because the Agreement was reached through voluntarynegotiations,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.
Respectfullysubmitted this l 1"day of September,2002.
Qwest Corporation
Mary S obson
Stoel Rives
and
Shari Harris
BasicPhone,Inc.
APPLICATION FOR APPROVAL OF THE ADOPTION OF AN INTERCONNECTION AGREEMENT -2
Boise-146546.10029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this l l*day of September,2002,I servedthe foregoing APPLICATION
FOR APPROVAL OF THE ADOPTION OF AN INTERCONNECTION AGREEMENT upon all parties
of record in this matter by mailing a copy thereof properly addressed,with postage prepaid as follows:
Ms.Jean Jewell,Secretary [_X _]Hand Delivery
Idaho Public Utilities Commission []U.S.Mail
472 West Washington Street Ï 1 Overnight Delivery
Boise,Idaho 83720-0074 [_]Facsimile
Shari Harris []Hand Delivery
Director of Operations [_X_]U.S.Mail
BasicPhone,Inc.[L Overnight Delivery
P.O.Box 220 [1 Facsimile
Orange,TX 77631
Telephone:[phone]
Facsimile [phone]
[e-mail]
JonathanT.Williams []Hand Delivery
Osborne/Craig PLC [X ]U.S.Mail
The Monroe Building [Overnight Delivery
9625 Surve or Court -2nd Floor []Facsimile
Manassas,VA 20110
Telephone:[phone]
Facsimile:[phone]
[e-mail]
Qwest Corporation [Hand Delivery
Director Interconnection Compliance [_X ]U.S.Mail
1801 California -Room 2410 [_]Overnight Delivery
Denver,CO 80202 [_]Facsimile
Qwest Corporation [_]Hand Delivery
Law Department [__X_]U.S.Mail
ATTN:Corporate Counsel,Interconnection [L Overnight Delivery
1801 California Street-49"Floor [_]Facsimile
Denver,CO 80202
Brandi L.Ge'arhart,PLS
Legal Secretary to Mary S.Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF THE ADOPTION OF AN INTERCONNECTION AGREEMENT -3
Boise-146546.1 0029164-00016
ride the light
QWest
August 16,2002
BasicPhone,Inc.
P.O.Box 220
Orange,Texas 77631
Dear Ms.Harris:
We have received your request that,under Section 252(i)of the Telecommunications Act of 1996,
BasicPhone,Inc.("CLEC")wishes to "Pick and Choose"in its entirety,the terms of the Interconnection
Agreement and any associated amendments,if applicable,("Agreement")between AT&T Communications
of the Mountain States,Inc and Qwest Corporation fka US WEST Communications,Inc.("Qwest")that was
approvedby the Commission on September 17,1998,as an effective agreement in the State of Idaho.
BasicPhone,Inc.is incorporated in the state of Texas.We understand you have a copy of the Wireline
agreement.
With respect to the aforementionedAgreement,Qwest and CLEC ("the Parties")understand and agree:
1.The Parties shall request the Commission to expedite its review and approval of this Agreement.
This Agreement shall becomeeffective upon such approval.
2.Notwithstanding the mutual commitments set forth herein,the Qwest is entering into this
Agreement without prejudice to any positions it has taken previously,or may take in the future,in any
legislative,regulatory,or other public forum addressing any matters,including those relating to the types of
arrangementscontained in this Agreement.During the proceeding in which the Commission is to review
and approve the Agreement,Qwest may point out that it has objected,and continues to object,to the
inclusion of the terms and conditions to which it objected in the proceedings involving the approvalof the
UnderlyingAgreement.
3.CLEC adopts the terms and conditions of the AT&T Communications of the Mountain States,Inc
Agreement for interconnection with Qwest and in applying the terms and conditions,agrees that
BasicPhone,Inc.be substituted in place of "AT&T Communicationsof the Mountain States,Inc"throughout
the Agreement wherever the latter appears.
4.Qwest requests that notice to Qwest Corporationas may be required under the Agreement shall be
providedas follows:
To:Qwest Corporation
Director interconnection Compliance
1801 California Street,Room 2410
Denver,CO 80202
CDS-020815-0012 (ID)
8/16/02 -HAH
With copy to:
Qwest Corporation Law Department
Attention:General Counsel,Interconnection
1801 California Street,38th Floor
Denver,CO 80202
CLEC requests that notice to CLEC as may be required under the Agreement shall be provided as
follows:
To:Ms.Shari'Harris Jonathan T.Williams
Director of Operations Osborne|Craig,P.L.C.
BasicPhone,Inc.The MonroeBuilding
P.O.Box 220 9625 Surveyor Court,2nd Floor
Orange,Texas 77631 Manassas,Virginia 20110
Telephone:[phone] Telephone:[phone]
Facsimile:800-954-2769 Facsimile:703-393-0615
[e-mail] [e-mail]
CLEC represents and warrants that it is a certified providerof local dialtone service in the State
of Idaho,and that this Agreement will cover servicesin that state only.
Please sign all three original copies of this letter,and overnight them to Heidi Higer,1801 California St,
Suite 2410 -Denver,CO 80202 (Phone:[phone])by November 16,2002.After November 16,2002
Qwest may rescind its willingness to consider the Agreement's terms and conditions,and will consider that
you have withdrawn from good faith negotiations.
Please note that Qwest will file this letter with the appropriate state commission for approval;however,
some state commissions will not approve the letter until the CLEC is certified by the state commission.You
may want to contact the appropriate state commission to determine the requisite filing guidelines.
Sincerely,Date
Qwest Corporation
L.T.Christensen
Director -Business Policy
1801 California Street,Suite 23rd Floor
Denver,Colorado 80202
I agr to all term onditions contained in this letter as indicated by my signature below:
CL me
Date
CDS-020815-0012 (ID)
8/16/02 -HAH