20030207Application.pdf

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101 S, Capitol Boulevard, Suite 1900
Boise, Idaho 83702
main 208.389.9000
fax 208.389,9040
ATTORNEYS AT lAW UTlL\i;d; JJj
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MARY S, HOBSON
Direct [phone]
mshobsonliYstoeLcom
February 5 , 2003
VIA HAND DELIVERY
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
Re: Case No. CJIAJE-7~d3-oS'"
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT
Dear Ms, Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation and Joseph B. McNeal
dba Page Data is an original of the Application for Approval of Interconnection Agreement.
The parties respectfully request 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
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Mary S. :ijribson
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Enclosure
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Boise-152766,10029164-00016 I d a h 0
Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
EECEIYED
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Joseph B. McNeal
Page Data
O. Box 15509
Boise, ill 83715
Telephone: [phone]
Sharon~pagedata.com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST CASE NO.()W~ jr-(/ 3-
CORPORATION AND PAGE DATA FOR
APPROV AL OF THE INTERCONNECTION APPLICATION FOR APPROV AL OF
AGREEMENT FOR THE STATE OF IDAHO INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.c. ~252(E)
Qwest Corporation ("Qwest") and Joseph B. McNeal dba Page Data ("Page Data
hereby jointly file this Application for Approval of Interconnection Agreement ("Agreement"
A copy of this Agreement is submitted herewith.
This Agreement was reached through voluntary negotiations 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"
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
portiones) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an agreement (or portion) is not consistent with the
public interest, convenience and necessity.
Page Data and Qwest respectfully submit that this Agreement provides no basis for either
of these findings, and, therefore jointly request that the Commission approve this Agreement
APPLICA nON FOR APPROVAL OF INTERCONNECTION AGREEMENT -
Boise-152762,10029164-00016
Page 1
expeditiously. This 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 of this Agreement will enable Page
Data to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Page Data and Qwest further request that the Commission approve this Agreement
without a hearing. Because this Agreement was reached through voluntary negotiations, 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.
Respectfully submitted this fI!!day of February, 2003.
Qwest Corporation
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Mary S. obson
Stoel Rives LLP Attorneys for Qwest
and
Joseph B. McNeal
Page Data
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT -
Boise-\52762,\0029164-00016
Page 2
CERTIFICATE OF SERVICE
I hereby certify that on this
(/;
ay of February, 2003 , I served the foregoing APPLICATION
FOR APPROVAL OF INTERCONNECTION AGREEMENT upon all parties of record in this matter
as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
iiewell~puc.state.id.
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Joseph B. McNeal
Page Data
O. Box 15509
Boise, ill 83715
Telephone: [phone]
Sharon~pagedata.com
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John Love
Qwest Communications International Inc.
7800 East Orchard Road - Suite 250
Englewood, CO 80111
Telephone: [phone]
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Heidi Higer
Qwest Corporation
Director Interconnection Compliance
1801 California - Room 2410
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
Email: hhiger~qwest.com
-X...
General Counsel - Interconnection
Qwest Law Department
1801 California Street - 38111 Floor
Denver, CO 80202
-X...
Hand Delivery
U. S. Mail
Overnight Delivery
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Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
~~~~
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICA nON FOR APPROVAL OF INTERCONNECTION AGREEMENT-
Boise-152762,10029164-00016
Page 3
November 1 , 2002
Qwest:
Page Data
O. Box 15509
Boise, 10 83715
Dear Mr. McNeal:
We have received your request that, under Section 252(i) of the Telecommunications Act of 1996, Joseph
B. McNeal d.a. Page Data ("CMRS") wishes to "Pick and Choose" in its entirety, the terms of the Wireless
Interconnection Agreement and any associated amendments, if applicable
, ("
Agreement") between \(erizon
fka U S WEST New Vector Boise City MSA, Idaho RSA No., Idaho RSA No.3 and Qwest Corporation fka
U S WEST Communications, Inc. ("Qwest") that was approved by the Commission on August 11 , 1997 as
an effective agreement in the State of Idaho. Joseph B. McNeal d.a. Page Data is incorporated in the
state of Idaho. We understand you have a copy of the Paging agreement.
With respect to the aforementioned Agreement, Qwest and CMRS (" the Parties ) understand and agree:
1. The Parties shall request the Commission to expedite its review and approval of this Agreement.
This Agreement shall become effective 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
arrangements contained 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 approval of the
Underlying Agreement.
3. CMRS adopts the terms and conditions of the Verizon fka U S WEST NewVector Boise City MSA
Idaho RSA No., Idaho RSA No.3 Agreement for interconnection with Qwest and in applying the terms
and conditions, agrees that Joseph B. McNeal d.a. Page Data be substituted in place of "Verizon fka U S
WEST NewVector Boise City MSA, Idaho RSA No., Idaho RSA No, 3" throughout the Agreement
wherever the latter appears.
4. Qwest requests that notice to Qwest Corporation as may be required under the Agreement shall be
provided as follows:
To:Qwest Corporation
Director Interconnection Compliance
1801 California Street, Room 2410
Denver, CO 80202
COS.Q21101.0019 (10 Wireless)
11/4/02
With copy to:
Owest Corporation Law Department
Attention: General Counsel , Interconnection
1801 California Street, 38th Floor
Denver, CO 80202
CMRS requests that notice to CMRS as may be required under the Agreement shall be provided as
follows:
To:Joseph B. McNeal
Page Data
O. Box 15509
Boise, ID 83715
CMRS represents and warrants that it is a certified provider of local dialtone service in the State of Idaho
and that this Agreement will cover services in 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 February 1 , 2003. After February 1 , 2003
Owest 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 Owest will file this letter with the appropriate state commission for approval; however
some state commissions will not approve the letter until the CMRS is certified by the state commission.
You may want to contact the appropriate state commission to determine the requisite filing guidelines.
":i~~~
Owest Corporation
LT. Christensen
Director - Business Policy
1801 California Street, Suite 24th Floor
Denver, Colorado 80202
Date
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Date
COS-021101-O019 (10 Wireless)
11/4/02