HomeMy WebLinkAbout20040811Amendment.pdfJoseph B. McNeal
WaveSent LLC
POBox 15509
Boise, ID 83715
Telephone: (208) 373-7158
Attorney Pro Se
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UTIL f T IE S COf'lf"11SS"ION
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF W VESENT LLC
FOR APPROVAL OF THE PAGING
CONNECTION AGREEMENT FOR THE
STATE OF IDAHO PURSUANT TO
47 U.C. ~ 252(1)
CASE NO. QWE-03-
REVISED APPLICATION FOR
APPROV AL OF AMENDMENT
TO THE PAGING AGREEMENT
WaveSent LLC hereby files this Revised Application for Approval of
Amendment to the Paging Agreement ("Amendment"), which was approved by the Idaho
Public Utility Commission on February 25 , 2003 (the "Agreement"). A copy of the
Amendment is submitted herewith.
This Amendment was reached through voluntary negotiations of two informal
complaints filed with the Federal Communications Commission.The settlement
agreement has forward-looking terms and clarifies and amends section 2.4 of the
Agreement. The settlement agreement is already on file with the Commission in other
cases (GNR- T -04-5 and GNR- T -04-6), but has not been filed with the current docket and
is therefore being filed at this time in accordance with the Federal Communication
REVISED APPLICATION FOR APPROVAL OF AMENDMENT TO THE PAGING AGREEMENT -
Commission s Notice of Apparent Liability ("NAL") in the Matter of Qwest Corporation
Apparent Liability for Forfeiture on March 12, 2004. The Commission staff has been
mediating the implementation of the terms and conditions of the settlement agreement
since shortly after WaveSent's receipt of the agreement dated June 4, 2003. Mediation is
on-goIng.
The Amendment 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
amendment reached through voluntary negotiations only if the Commission finds that:
the amendment (or portion( s) thereof) discriminates against a telecommunications carrier
not a party to this agreement; or the implementation of such an amendment (or portion )is
not consistent with the public interest, convenience and necessity.
WaveSent respectfully submits this Amendment provides no basis for either of
these findings, and, therefore requests that the Commission approve this Amendment
expeditiously. This Amendment is consistent with the public interest as identified in the
pro-competitive policies of the Sate of Idaho, the Commission, the United States
Congress, and the Federal Communications Commission. Expeditious approval of this
Amendment will enable Wave Sent to interconnect with Qwest facilities and to provide
customers with increased choices among local telecommunications services.
WaveSent further requests that the Commission approve this Amendment without
a hearing. Qwest may request a hearing because it believes it does not have to file such
agreements. Because this Amendment was reached through voluntary negotiations, it
REVISED APPLICATION FOR APPROVAL OF AMENDMENT TO THE PAGING AGREEMENT - 2
does not raise issues requiring a hearing. Expeditious approval would further the public
interest.
Respectfully submitted this 11 th day of August, 2004.
REVISED APPLICATION FOR APPROVAL OF AMENDMENT TO THE PAGING AGREEMENT - 3
CERTIFICA TE OF SERVICE
I hereby certify that on this 11 th day of August, 2004, I served the foregoing REVISED
APPLICA TION FOR APPROVAL OF AMENDMENT TO THE PAGING
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, ID 83720-0074
Hand Delivery
S. Mail
Facsimile
Email
Mary S. Hobson
Stoel Rives LLP
101 South Capitol Blvd., Suite 1900
Boise, ID 83702
Hand Delivery
S. Mail
Facsimile
Email
John Love
Qwest Communications International Inc.
7800 East Orchard Road, Suite 250
Englewood, CO 80111
Hand Delivery
S. Mail
Facsimile
Email
Heidi Higer
Qwest Corporation
Directory Interconnection Compliance
1801 California, Room 2410
Denver, CO 80202
Hand Delivery
S. Mail
Facsimile
Email
General Counsel - Interconnection
Qwest Law Department
1801 California Street, 38th Floor
Denver, CO 80202
Hand Delivery
S. Mail
Facsimile
Email
se . McNeal
WaveSent LLC
REVISED APPLICATION FOR APPROVAL OF AMENDMENT TO THE PAGING AGREEMENT - 4
-----
Original Message-----
From: Bob McKenna (mailto:Bob McKenna
Sent: Wednesday, June 04, 2003 3:02
To: Joseph McNeal
Cc: Christopher Olsen; William Bill Batt; Bryan E Sanderson; Andrea E
Sanchez; kpettey; dljenni
Subject: WaveSent and PageData
Text item: Message Text
Dear Mr. McNeal:
We have reviewed your May 28 responses to the FCC's questions concerning
interconnection requests by PageData and WaveSent. Upon such review, we
have determined that Qwest will not insist on resolution of Qwest'
claims for payment of past amounts as a precondition to either
PageData s or WaveSent's ordering further interconnection facilities and
services from Qwest. Qwest will be willing to process properly
submitted ASRs for interconnection on a timely basis upon submission.
In the past, PageData and WaveSent have had difficulty completing and
submitting proper ASRs for service. Andrea Sanchez (303.965.1805) will
be available to meet with you to assist you in preparing these
documents. As Qwest has noted in its filings with the Federal
Communications Commission , the ASRs that PageData sent to the Commission
are not complete and do not provide sufficient information on which
Qwest could begin to fill the order. In addition, while Qwest is
willing to provide PageData and WaveSent with the interconnection
facilities and services that they need to provide the services for which
such interconnection can lawfully be utilized , the number of trunks
shown on the two ASRs filed with the FCC is clearly excessive for the
paging services that form the basis of the ASRs. These matters can be
worked out with Ms. Sanchez, who can insure that the ASRs that you
submit are complete and accurate.
Finally, irrespective of disputes over past amounts due, there does not
seem to be any dispute that compensation will be necessary for services
provided under current interconnection agreements. Such compensation
can be required in the case of transiting traffic and WATS or
equivalent facilities, on the one hand , and reciprocal compensation on
the other hand. Should PageData or WaveSent use interconnection
facilities or services for Internet traffic, such traffic would not be
subject to reciprocal compensation payments. Qwest would , of courserun its standard credit
check on WaveSent to determine whether a deposit is necessary. These
and
similar compensation matters likewise can be worked out in advance with
Ms. Sanchez. It makes sense to determine at this time what facilities
and services must be paid for, and by whom.
Please do not hesitate to give me a call with questions. I can be
reached at 303.672.2861.