20030207Application.pdf

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ATTORNEYS AT LAW
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February 5 , 2003
MARY S. HOBSON
Direc! [phone]
mshobson(iYstoe1.com
VIA HAND DELIVERY
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
Case No. (JaJf- r-o~-JtJ&
APPLICATION FOR APPROVAL OF PAGING CONNECTION AGREEMENT
Re:
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 Paging Connection
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 yoursllMli~
-;:;~r;~;;~bson
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Enclosure
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California
Boise-152772.10029164-00016
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L",Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
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Joseph B. McNeal
Page Data
O. Box 15509
Boise, ill 83715
Telephone: [phone]
Sharon~pagedata.com
JOINT APPLICATION OF QWEST
CORPORATION AND PAGE DATA FOR
APPROV AL OF THE PAGING
CONNECTION AGREEMENT FOR THE
STATE OF IDAHO PURSUANT TO 47
C. ~252(I)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.I! tV ;E--(~ /J 3/1)&
APPLICATION FOR APPROVAL OF
PAGING CONNECTION AGREEMENT
Qwest Corporation ("Qwest") and Joseph B. McNeal dba Page Data ("Page Data
hereby jointly file this Application for Approval of Paging Connection 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(i) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act"
Section 252(i) 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.
APPLICATION FOR APPROVAL OF PAGING CONNECTION AGREEMENT -
Boise-152768.10029164-00016
Page 1
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
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 fJ~day of February, 2003.
Qwest Corporation
1fffif~
Stoel Rives LLP Attorneys for Qwest
and
Joseph B. McNeal
Page Data
APPLICATION FOR APPROVAL OF PAGING CONNECTION AGREEMENT -
Boise-152768.10029164-00016
Page 2
CERTIFICATE OF SERVICE
I hereby certify that on this Ut(:J.r ay of February, 2003 , I served the foregoing APPLICATION
FOR APPROVAL OF PAGING CONNECTION 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, II) 83715
Telephone: [phone]
Sharon~pagedata.com
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John Love
Qwest Communications International Inc.
7800 East Orchard Road - Suite 250
Englewood, CO 80 III
Telephone: [phone]
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Heidi Higer
Qwest Corporation
Director Interconnection Compliance
1801 California - Room 2410
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
Emai1: hhiger(G),qwestcom
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General Counsel - Interconnection
Qwest Law Department
1801 California Street - 38th Floor
Denver, CO 80202
-.2L
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
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Hand Delivery
U. S. Mail
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6t(htd/A Brandi L. Gearhart, P
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF PAGING CONNECTION AGREEMENT -
Boise-152768.10029164-00016
Page 3
November 1 , 2002 Qwest:
Page Data
O. Box 15509
Boise, ID 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 Paging
Connection Agreement and any associated amendments, if applicable, ("Agreement") between Arch
Paging Inc. and Mobile Communications Corporation of America and Owest Corporation fka U S WEST
Communications, Inc. ("Owest") that was approved by the Commission on September 1 , 2000 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, Owest 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 Owest 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, Owest 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 Arch Paging Inc. and Mobile Communications
Corporation of America Agreement for interconnection with Owest and in applying the terms and
conditions, agrees that Joseph B. McNeal d.a. Page Data be substituted in place of "Arch Paging Inc.
and Mobile Communications Corporation of America." throughout the Agreement wherever the latter
appears.
4. Owest requests that notice to Owest Corporation as may be required under the Agreement shall be
provided as follows:
To:Owest Corporation
Director Interconnection Compliance
1801 California Street, Room 2410
Denver, CO 80202
COS-021101-0030 (10 Paging)
11/1/02
With copy to:
Qwest 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
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 CMRS is certified by the state commission.
You may want to contact the appropriate state commission to determine the requisite filing guidelines.
Sincerel
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Qwest Corporation
LT. Christensen
Director - Business Policy
1801 California Street, Suite 24th Floor
Denver, Colorado 80202
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Date
II~o~
Title
Date
0:2-
COS-021101-O030 (10 Paging)
11/1/02