20030227Application.pdf

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ATTORNEYS AT LAW
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February 27 2003
MARY S, HOBSON
Direct [phone]
mshobson~stoel,com
VIA HAND DELIVERY
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
Case No. t!J!/If'- 7-
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APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT
AND AMENDMENT
Re:
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation and IDACOMM, Inc.
is an original of the Application for Approval of Interconnection Agreement and
Amendment to 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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Enclosures
Oregon
Washinglon
California
Boise-153125,10029164-00016
U I a h
Idaho
Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ID 83702
Telephone: [phone]
Facsimile: [phone]
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Doug Dalton
IDACOMM, Inc.
1501 Federal Way- Suite 400
Boise, ID 83705
Telephone: [phone]
JOINT APPLICATION OF QWEST
CORPORATION AND IDACOMM, INc.
FOR APPROVAL OF THE
INTERCONNECTION AGREEMENT FOR
THE STATE OF IDAHO PURSUANT TO 47
C, ~252(E)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.f/JIV E- ;;(O.J./
APPLICATION FOR APPROVAL OF
INTERCONNECTION AGREEMENT AND
AMENDMENT TO INTERCONNECTION
AGREEMENT
Qwest Corporation ("Qwest") and IDACOMM, Inc. ("IDACOMM") hereby jointly file
this Application for Approval of Interconnection Agreement and Amendment to Interconnection
Agreement (hereinafter jointly referred to "Agreement"). A copy ofthis 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.
AFPLICA TION FOR AFPROV AL OF INTERCONNECTION AGREEMENT
AND AMENDMENT TO INTERCONNECTION AGREEMENT -
Boise-153118.10029164-00016
Page 1
IDACOMM 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 IDACOMM to interconnect with Qwest facilities and to provide customers with increased
choices among local telecommunications services.
IDACOMM 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 2ih day of February, 2003.
Qwest Corporation
1:s
Stoel Rives LLP, Attorneys for Qwest
and
Doug Dalton
IDACOMM , Inc.
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT
AND AMENDMENT TO INTERCONNECTION AGREEMENT -
Boise-153118,10029164-00016
Page 2
CERTIFICATE OF SERVICE
I hereby certify that on this 2ih day of February, 2003 , I served the foregoing
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT AND
AMENDMENT TO 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.
-L Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Doug Dalton
IDACOMM, Inc.
1501 Federal Way- Suite 400
Boise, ID 83705
Telephone: [phone]
Hand Delivery-L U. S. Mail
Overnight Delivery
Facsimile
Email
Qwest Corporation
Director Interconnection Compliance
1801 California - Room 2410
Denver, CO 80202
Hand Delivery-L U. S. Mail
Overnight Delivery
Facsimile
Email
General Counsel- Interconnection
Qwest Law Department
1801 California Street - 38th Floor
Denver, CO 80202
Hand Delivery-L u. S. Mail
Overnight Delivery
Facsimile
Email
Mary Sullivan
Qwest Communications International, Inc.
7800 East Orchard Road - Suite 250
Englewood, CO 80111
Telephone: [phone]
Facsimile: [phone]
mmsu1l1 ~qwest.com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT
AND AMENDMENT TO INTERCONNECTION AGREEMENT -
Boise-153118.10029164-00016
Page 3
November 4, 2002 Qwest
IDACOMM , Inc.
1501 Federal Way
Suite 400
Boise, 1083705
Dear Mr. Dalton:
We have received your request that, under Section 252(i) of the Telecommunications Act of 1996
IDACOMM , Inc. ("CLEC") wishes to "Pick and Choose" in its entirety, the terms of the Interconnection
Agreement and any associated amendments, if applicable
, ("
Agreement") between Sprint Communications
Company loP. and Qwest Corporation fka U S WEST Communications, Inc. ("Qwest") that was approved
by the Commission on December 3, 2001 , Case No. SPR- T -01-1 as an effective agreement in the State of
Idaho. IDACOMM, Inc. is incorporated in the state of Idaho. We understand you have a copy of the
Wireline agreement.
With respect to the aforementioned Agreement, 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 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. CLEC adopts the terms and conditions of the Sprint Communications Company loP. Agreement for
interconnection with Qwest and in applying the terms and conditions, agrees that IDACOMM, Inc. be
substituted in place of "Sprint Communications Company loP." 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
CDS-021104-0029
11/4/02IDACOMM/ID
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:IDACOMM, Inc.
Doug Dalton
1501 Federal Way
Suite 400
Boise, ID 83705
Phone: [phone]
CLEC 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 4 , 2003. After February 4 , 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 CLEC is certified by the state commission. You
may want to contact the appropriate state commission to determine the requisite filing guidelines.
":ZW~------
Qwest Corporation
L.T. Christensen
Director - Business Policy
1801 California Street, Suite 24th Floor
Denver, Colorado 80202
Date
t/I'ljo
I agree to all terms and conditions contained in this letter as indicated by my signature below:
IDAC:;Inc
Uam
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Signa
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Name
Jic~ ?~)c6.u,\..'I c..~o
Title
Date
CDS-021104-0029
11/4/02IDACOMM/ID
Voice Traffic-251 (b)(5) Reciprocal Compensation Amendment
to the Interconnection Agreement between
Qwest Corporation and
IDACOMM , Inc.
for the State of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest
Corporation ("Qwest"
) ,
formerly known as US WEST Communications, Inc" a Colorado
corporation, and IDACOMM , Inc. a Idaho corporation ("CLEC"), CLEC and Qwest shall be
known jointly as the "Parties
RECITALS
WHEREAS, CLEC and Qwest entered into an Interconnection Agreement ("Agreement") which
was approved by the appropriate state Commission ("Commission ); and
WHEREAS , The FCC issued an Order on Remand and Report and Order in CC Docket 99-
(Intercarrier Compensation for ISP-Bound Traffic); and
WHEREAS , the Parties were not exchanging ISP-Bound traffic during the first quarter of 2001
and will therefore exchange alllSP-Bound traffic on a Bill and Keep basis; and
WHEREAS, the Parties wish to amend the Agreement to reflect the aforementioned Order
under the terms and conditions contained herein.
AGREEMENT
NOW THEREFORE , in consideration of the mutual terms, covenants and conditions contained
in this Amendment and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree to the language as follows in lieu of existing
contract language:
Exchange Service lEAS/Local) Traffic
Pursuant to the election in Section 3 of this Amendment, the Parties agree to exchange all
EAS/Local (9251 (b)(5)) traffic at the FCC ordered rate, pursuant to the FCC's Order on Remand
and Report and Order in CC Docket 99-, (Intercarrier Compensation for ISP-Bound Traffic) or
the state ordered reciprocal compensation rate, When the FCC ordered rate for ISP-bound
traffic is applied to EAS/Local traffic, the FCC Ordered ISP rate is used in lieu of End Office call
termination and Tandem Switched Transport rate elements.
Effective Date
This Amendment shall be deemed effective upon approval by both Parties unless modified or
denied by the Commission. This Amendment shall remain in effect until a new Agreement has
been executed by the Parties, but in no event for a minimum of six (6) months,
IDACOMM, Inc. /Idaho
Amendment to CDS-0211 04-0029
ISPAmd - Wireline Interconnection
Rate Election
The reciprocal compensation rate elected for (~251(b)(5)) traffic is (elect and sian one):
The Reciprocal Compensation rate as ordered in a state cost docket.
Signature
Name PrintedlTyped
The capped rate as ordered by the FCC
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Name PrintedlT ed
4. Further Amendments
Amendments; Waivers, The provisions of this Agreement, including the provisions of this
sentence , may not be amended , modified or supplemented, and waivers or consents to
departures from the provisions of this Agreement may not be given without the written consent
thereto by both Parties' authorized representative. No waiver by any party of any default
misrepresentation , or breach of warranty or covenant hereunder, whether intentional or not, will
be deemed to extend to any prior or subsequent default, misrepresentation , or breach of
warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or
subsequent such occurrence.
5. Entire Aareement.This Agreement (including the documents referred to herein) constitutes
the full and entire understanding and agreement between the parties with regard to the subjects
of this Agreement and supersedes any prior understandings , agreements, or representations by
or between the parties, written or oral, to the extent they relate in any way to the subjects of this
Agreement.
IDACOMM, Inc.
ca Signatur
Owes! corpo-LU
Signature
Douq Dalton
Name PrintedfTyped
L. T. Christensen
Name PrintedfTyped
Vice President & CFO
Title
Director - Business Policy
Title
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Date"
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Date
IDACOMM, Inc. /Idaho
Amendment to CDS-0211 04-0029
ISPAmd - Wireline Interconnection