20030508Application.pdf

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101 S. Capitol Boulevard. Suite 1900
Boise. Idaho 83702
main 208.389.9000
ATTORNEYS AT lAW
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UTILITiES COi"iMISSION
fax [phone]
www.stoel.com
May 7 2003
MARY S. HOBSON
Direct [phone]
rnshobson(iYstoel.com
VIA HAND DELIVERY
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
Re:Case No. (JtdE- f 0
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APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT
AND AMENDMENT
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation and Light year
Communications, Inc. is an original ofthe Application for Approval of Interconnection
Agreement and Amendment. 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
A t/!)Y::: Hi
Mary S.Mobson
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Enclosure
Oregon
Washington
California
Boise-156537.10029164-00016
Utah
Idaho
Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard- Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
l"\ECEIVED IT)FILED
2003 MAY -1 PM 4: 56
iijj Q FLi2L1C
UTILITIES COrH11SSION
Kevin Shady
Light year Communications, Inc.
1901 Eastpoint Parkway
Louisville, KY 40223
Telephone: [phone] ext. 1129
JOINT APPLICATION OF QWEST
CORPORATION AND LIGHTYEAR
COMMUNICATIONS , INC. FOR APPROVAL
OF THE INTERCONNECTION AGREEMENT
FOR THE STATE OF IDAHO PURSUANT TO
47 u.S.c. ~252(E)
BEFORE THE IDAHO PUBLIC;: UTILITIES COMMISSION
CASE NO.
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APPLICATION FOR APPROVAL OF
INTERCONNECTION AGREEMENT
AND AMENDMENT
Qwest Corporation ("Qwest") and Light year Communications, Inc. ("Light year ) hereby
jointly file this Application for Approval of Interconnection Agreement and Amendment
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.
Light year 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-
APPLICA nON FOR APPROVAL OF INTERCONNECTION AGREEMENT AND AMENDMENT-
Boise-156538.10029164-00016
Page 1
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
Light year to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Light year 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 ih day of May, 2003.
Qwest Corporation
htli 1ff/10
Mary S. obson
Stoel Rives LLP, Attorneys for Qwest
and
Kevin Shady
Light year Communications, Inc.
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT AND AMENDMENT-
Boise-156538.10029164-00016
Page 2
CERTIFICATE OF SERVICE
I hereby certify that on this ih day of May, 2003 , I served the foregoing
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT AND
AMENDMENT 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
11 ewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Kevin Shady
Light year Communications, Inc.
1901 Eastpoint Parkway
Louisville, KY 40223
Telephone: [phone] ext. 1129
Hand Delivery
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]
Email: mmsull1 ~qwest.com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Qwest Corporation
Director Interconnection Compliance
1801 California Street - Room 2410
Denver, CO 80202
--L Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
General Counsel - Interconnection
Qwest Corporation Law Department
1801 California Street - 49t Floor
Denver, CO 80202
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-
Boise-156538.10029164-00016
Page 3
Qwest.
Spirit of Service
April 21 2003
Kevin Shady
Light year Communications, Inc.
1901 Eastpoint Parkway
Louisville, KY 40223
502-244-6666 x 1129
Dear Mr. Shady:
We have received your request that, under Section 252(i) of the Telecommunications Act of
1996 , Light year Communications, Inc. ("CLEC") wishes to "Pick and Choose" in its entirety,
the terms of the Interconnection Agreement and any associated amendments, if applicable
Agreement") between Z-Tel Communications, Inc. and Qwest Corporation fka U S WEST
Communications, Inc. ("Qwest") that was approved by the Commission on July 25, 2001 as an
effective agreement in the State of Idaho. Light year Communications, Inc. is incorporated in
the state of Kentucky. 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 Z-Tel Communications, Inc. Agreement
for interconnection with Qwest and in applying the terms and conditions, agrees that Light year
Communications , Inc. be substituted in place of "Tel Communications, Inc." 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
With copy to:
Qwest Corporation Law Department
Attention: General Counsel, Interconnection
1801 California Street, 49th Floor
Denver, CO 80202
Agreement Number CDS-O30417-00381 swd/ms
Light year Communications, Inc.lldaho
(Adoption of Z-Tel)
CLEC requests that notice to CLEC as may be required under the Agreement shall be
provided as follows:
Light year Communications, Inc.
Kevin Shady
1901 Eastpoint Parkway
Louisville, KY 40223
502-244-6666 ext 1129
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 by July 21 , 2003 to:
Qwest Corporation
Manager of Interconnection
1801 California St, Suite 2410
Denver, CO 80202
Phone: [phone]
After July 21 , 2003 Qwest may rescind its willingness to consider the Agreement's terms and
conditions.
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.
~1tJd:
Qwest Corporation
L.T. Christensen
Director - Business Policy
1801 California Street, Suite 24th Floor
Denver, Colorado 80202
Date
r~8 1o
I agree to all terms and conditions contained in this letter as indicated by my signature below:
Light year Commu ications, Inc.
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Name Print~
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Title
'23
-'
Date
Agreement Number CDS-O30417-00381 swd/ms
Light year Communications, Inc.lldaho
(Adoption of Z-Tel)
Voice Traffic-251 (b)(5) Reciprocal Compensation Amendment
to the Interconnection Agreement between
Qwest Corporation and
Lightyear Communications, 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 Light year Communications , Inc. ("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 (EAS/Local) Traffic
Pursuant to the election in Section 3 of this Amendment, the Parties agree to exchange all
EAS/Local (~251 (b)(5)) traffic at the FCC ordered rate , pursuant to the FCC's Order on Remand
and Report and Order in CC Docket 99-, (lntercarrier 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.
Amendment to CDS-030417 -0038/ swd-ms
ISPAmd -Light year Communications, Inc.lldaho
Rate Election
The reciprocal compensation rate elected for (~251(b)(5)) traffic is (elect and sian one):
The Reciprocal Compensation rate
The capped rate as ordered by the FCC and applied to ISP traffic:
Signature
Name PrintedlTyped
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 Agreement
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.
Light year Communications , Inc.
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Name PrintedlT
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Signature
L. T. Christensen
Name PrintedlTyped
J-f...13 ()3
Date
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Director - Business Policy
Title
'iIC8
~ ~
Date
Amendment to CDS-O30417-0038/ swd-ms
ISPAmd -Light year Communications, Inc.lldaho