20030228Application.pdf

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ATTORNEYS AT LAW
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February 28, 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. 1(fJE-1~(/ j~(1a
APPLICATION FOR APPRO~ AL OF INTERCONNECTION AGREEMENT
Re:
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 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 yoursML~
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a;o~son
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Enclosure
Oregon
Washington
Caidornia
Utah
Boise-153746.l 0029164.00016 Idaho
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
Wavesent LLC
O. Box 15509
Boise, ill 83715
Telephone: [phone]
sharo n(i:V,p a g edata. com
JOINT APPLICATION OF QWEST
CORPORATION AND W A VESENT LLC
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.(JtPE-Trf 3'-"1/9
APPLICATION FOR APPROVAL OF
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") and Wavesent LLC ("Wavesent") 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.
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT-
Boise-153744.l 0029164-00016
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 28th day of February, 2003.
Qwest Corporation
/-k-.
Mary S. bson
Stoel Rives LLP, Attorneys for Qwest
,...
and
Joseph B. McNeal
Wavesent LLC
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT -
Boise-153744.l 0029164-00016
Page 2
CERTIFICATE OF SERVICE
I hereby certify that on this ~ay of February, 2003, I served the foregoing APPLICATION
FOR APPROV AL 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
ii ewell(q),puc .state.id. us
Joseph B. McNeal
Wavesent LLC
O. Box 15509
Boise, ill 83715
Telephone: [phone]
S haron(q),pa geda ta. com
John Love
Qwest Communications International Inc.
7800 East Orchard Road - Suite 250
Englewood, CO 80111
Telephone: [phone]
Heidi Higer
Qwest Corporation
Director Interconnection Compliance
1801 California - Room 2410
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
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
iiAatu1t /f?dkhA~
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT-
Boise-153744.10029164-00016
Page 3
, .
December 12 2002 Qwest:-'~.
WaveSent LLC
O. Box 15509
Boise IO 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 Wireless
Interconnection Agreement and any associated amendments, if applicable
, ("
Agreement") between Verizon
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. WaveSent LLC is incorporated in the state of Nevada. We
understand you have a copy of the Wireless 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 WaveSent LLC 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-021211-0037 (10 Wireless)
12/12/02
With copy to:
awest 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: [phone]) by March 12 , 2003. After March 12, 2003 awest
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 awest 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
~~~
Owest Corporation
LT. Christensen
Director - Business Policy
1801 California Street, Suite 24th Floor
Denver, Colorado 80202
Date
L I~!n
I agree to all terms and conditions co . ined in this letter as indicated by my signature below:
Wave Sent LLC
CMRS Na
Name
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Title
Date
COS-021211-0037 (10 Wireless)
12/12/02