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Home My WebLink About20030207Application.pdf)3' STOEL ~~,;:' C:::"I\ . . :\I_L"~I, - J FILED ;_, 101 S. Capitol Boulevard. Suite 1900 Boise, Idaho 83702 main 208.389.9000 lax 208.389.90402303 fEB -1 Aii 8: 36 ATTORNEYS AT LAW 1 ~.' . , " .- i. uTiLI I \ES C hiSSIO;' www.stoel.com February 5, 2003 MARY S. HOBSON Direct (208) 387-4277 mshobsoni!j)stoel.com VIA HAND DELIVERY Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street Boise, Idaho 83720-0074 Re: Case No. (Jf4Il:-10 or tJ7 APPLICATION FOR APPROVAL OF PAGING CONNECTION AGREEMENT Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation and WaveSent LLC 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 yours ~~i~~ :blg Enclosure Oregon Washington Calilornia Utah Boise-152773.1 0029164-00016 Idaho Mary S. Hobson (ISB# 2142) Stoel Rives LLP 101 South Capitol Boulevard - Suite 1900 Boise, ill 83702 Telephone: (208) 389-9000 Facsimile: (208) 389-9040 n'":"C t\jr"'f\L'L.,-- FILED ....... Inn3 FEE -7 f\\'1 8: !f\,,!!e, o. 'i'... UTll\'T\\::S COl'ii-l\SSION ,"',",' . Joseph B. McNeal WaveSent LLC O. Box 15509 Boise, ill 83715 Telephone: (208) 375-9844 Sharon~pagedata.com JOINT APPLICATION OF QWEST CORPORATION AND W A VESENT LLC FOR APPROV AL OF THE PAGING CONNECTION AGREEMENT FOR THE STATE OF IDAHO PURSUANT TO 47 c. ~252(1) BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION CASE NO.(//atF /' 02--'117 APPLICATION FOR APPROVAL OF PAGING CONNECTION AGREEMENT Qwest Corporation ("Qwest") and WaveSent LLC ("WaveSent") 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-152774.10029164-00016 Page 1 WaveSent 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 WaveSent to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. WaveSent 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 day of February, 2003. Qwest Corporation !hh.-.---Mary S. obson Stoel Ri es LLP, Attorneys for Qwest and Joseph B. McNeal WaveSent LLC APPLICATION FOR APPROVAL OF PAGING CONNECTION AGREEMENT - Boise-152774.10029164-00016 Page 2 CERTIFICATE OF SERVICE I hereby certify that on this ti!!! day 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 ii ewell(q),puc .state.id. us Joseph B. McNeal WaveSent LLC O. Box 15509 Boise, ill 83715 Telephone: (208) 375-9844 S haron(Q),pa geda ta. com John Love Qwest Communications International Inc. 7800 East Orchard Road - Suite 250 Englewood, CO 80 III Telephone: (303) 793-6617 Heidi Higer Qwest Corporation Director Interconnection Compliance 1801 California - Room 2410 Denver, CO 80202 Telephone: (303) 965-3029 Facsimile: (303) 965-4667 Email: hhiger(q),qwestcom General Counsel - Interconnection Qwest Law Department 1801 California Street - 38th Floor Denver, CO 80202 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 Hand Delivery U. S. Mail Overnight Delivery Facsimile Email tU tk. . /f/.~r:M:uJ rand! L. Gearhart, PLS Legal Secretary to Mary S. Hobson Stoel Rives LLP APPLICATION FOR APPROVAL OF PAGING CONNECTION AGREEMENT - Boise-152774.10029164-00016 Page 3 December 12, 2002 Qwest:- WaveSent LLC O. Box 15509 Boise lO 83715 Dear Mr. McNeal: We have received your request that, under Section 252(i) of the Telecommunications Act of 1996 WaveSent LLC ("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 awest Corporation fka U S WEST Communications Inc. ("awest") that was approved by the Commission on September 1 , 2000 as an effective agreement in the State of Idaho. WaveSent LLC is incorporated in the state of Nevada. We understand you have a copy of the Paging agreement. With respect to the aforementioned Agreement, awest 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 awest 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, awest 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 awest and in applying the terms and conditions, agrees that WaveSent LLC be substituted in place of "Arch Paging Inc. and Mobile Communications Corporation of America." throughout the Agreement wherever the latter appears. 4. awest requests that notice to awest Corporation as may be required under the Agreement shall be provided as follows: To:awest Corporation Director Interconnection Compliance 1801 California Street, Room 2410 Denver, CO 80202 COS-021212-0030 (10 Paging) 12/12/03 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 WaveSent LLC 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: 303-965-3029) by March 12 2003. After March 12 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. sin~Y(d~ Qwest Corporation LT. Christensen Director - Business Policy 1801 California Street, Suite 24th Floor Denver, Colorado 80202 Date I /~!O I agree to all terms and conditions contained in this letter as indicated by my signature below: WaveSent LLC CMRS Nam Signa )~""'-~, M-~l Name Title Date \)- \Ji\~d-- COS-021212-0030 (10 Paging) 12/12/03