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June 9, 2003
MARY S. HOBSON
Direct [phone]
mshobson(ij)stoel.com
NEW CASE
VIA HAND DELIVERY
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
Re:Case No. QLDf- 7- -/3
APPLICATION FOR APPROVAL OF THE ADOPTION 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 Adoption of the
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
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Mary S. H2'bson
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Enclosure
Oregon
Washington
California
Utah
Boise-157849.10029164-00016 Idaho
Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
msho bson~stoel. com NEW CASE
Interconnection Manager
Cingular Wireless
5565 Glenridge Connector - Suite 1520
Atlanta, GA 30342
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF QWEST
CORPORATION AND PACIFIC BELL
WIRELESS NORTHWEST, LLC dba
CINGULAR WIRELESS FOR APPROVAL OF
THE INTERCONNECTION AGREEMENT
FOR THE STATE OF IDAHO PURSUANT TO
47 US.C. 9252(E)
CASE NO.Q(,u?:- T- 0-3 - / -3
APPLICATION FOR APPROVAL OF THE
ADOPTION OF INTERCONNECTION
AGREEMENT AND AMENDMENT
Qwest Corporation ("Qwest") and Pacific Bell Wireless Northwest, LLC dba Cingular
Wireless ("Cingular ) hereby jointly file this Application for Approval of Interconnection
Agreement and Amendment ("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.
Cingular 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
AFPLICA TION FOR AFPROV AL OF ADOPTION OF
INTERCONNECTION AGREEMENT AND AMENDMENT-
Boise-157850.10029164-00016
Page 1
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
Cingular to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Cingular 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 9th day of June, 2003.
Qwest Corporation
/11 ~K Ik Yh--
Mary S.bson
Stoel Rives LLP Attorneys for Qwest
and
Pacific Bell Wireless Northwest, LLC
dba Cingular Wireless
APPLICATION FOR APPROVAL OF ADOPTION OF
INTERCONNECTION AGREEMENT AND AMENDMENT-
Boise-157850.1 0029164-00016
Page 2
CERTIFICATE OF SERVICE
I hereby certify that on this 9th day of June, 2003 , I served the foregoing APPLICATION FOR
APPROVAL OF ADOPTION 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
ijewell~puc.state.id.
--1L Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery
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Overnight Delivery
Facsimile
Email
Hand Delivery
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Facsimile
Email
Hand Delivery
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Facsimile
Email
Interconnection Manager
Cingular Wireless
5565 Glenridge Connector - Suite 1520
Atlanta, GA 30342
Legal - Interconnection
Cingular Wireless
5565 Glenridge Connector - Suite 1700
Atlanta, GA 30342
Luba Hromyk
Qwest Communications International Inc.
7800 East Orchard Road - Suite 250
Englewood, CO 80111
Telephone: [phone]
Facsimile: [phone]
Email: lhromvk~qwest.com
Qwest Corporation
Director Interconnection Compliance
1801' California Street - Room 2410
Denver, CO 80202
--1L
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
General Counsel - Interconnection
Qwest Corporation Law Department
1801 California Street - 49th Floor
Denver, CO 80202
--1L
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 ADOPTION OF
INTERCONNECTION AGREEMENT AND AMENDMENT-
Boise-157850.10029164-00016
Page 3
Q w est.
Spirit of Service
April 18, 2003
Michael VanWeelden
Pacific Bell Wireless Northwest, LLC d/b/a Cingular Wireless
5565 Glenridge Connector, Suite 1520
Atlanta , GA 30342
Dear Mr. VanWeelden:
We have received your request that, under Section 252(i) of the Telecommunications Act of
1996,Pacific Bell Wireless Northwest, LLC d/b/a Cingular Wireless ("Cingular"), a Wireless
Service Provider, wishes to "Pick and Choose" in its entirety, the terms of the Interconnection
Agreement and any associated amendments, if applicable
, ("
Agreement") between Sprint
Spectrum L.P. and Qwest Corporation fka U S WEST Communications, Inc. ("Qwest") that was
approved by the Commission on November 27, 2002 as an effective agreement in the State of
Idaho, Pacific Bell Wireless Northwest, LLC d/b/a Cingular Wireless is a limited liability
company in the state of Delaware. We understand you have a copy of the wireless agreement.
With respect to the aforementioned Agreement , Qwest and Cingular (" 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, Cingular adopts the terms and conditions of the Sprint Spectrum L.P. Agreement for
interconnection with Qwest and in applying the terms and conditions, agrees that Cingular be
substituted in place of "Sprint Spectrum L.P." 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-O30417-0001/swd-jl/4/18/03 (Adoption of Sprint Spectrum loP.
Adoption Agreement-Pacific Bell Wireless Northwest, LLC d/b/a Cingular Wireless !Idaho
Cingular requests that notice to Cingular as may be required under the Agreement shall be
provided as follows:
To:
Cingular Wireless
Attn: Interconnection Manager
5565 Glenridge Connector
Suite 1520
Atlanta , GA 30342
With copy to:
Cingular Wireless
Attn: Legal - Interconnection
5565 Glenridge Connector
Suite 1700
Atlanta, GA 30342
Cingular represents and warrants that it is licensed by the Federal Communications
Commission (FCC) as a Commercial Mobile Radio Service (CMRS) provider and that this
Agreement will cover services in that state of Idaho only,
Please sign all three original copies of this letter, and overnight them by July 18, 2003 to:
Owest Corporation
Manager of Interconnection
1801 California St, Suite 2410
Denver, CO 80202
Phone: [phone]
After July 18, 2003 Owest may rescind its willingness to consider the Agreement's terms andconditions.
Please note that Owest will file this letter with the appropriate state commission for approval;
however some state commissions may not approve the letter until all commission rules
governing the submission of interconnection agreements are met. You may want to contact the
appropriate state commission to determine the requisite filing guidelines.
Sincerely,Date
Owest Corporation
T. Christensen
Director - Business Policy
1801 California Street, Suite 24th Floor
Denver, Colorado 80202
S-/~1e3
I agree to all terms and conditions contained in this letter as indicated by my signature below:
Pacific Bell Wireless Northwest, LLC
d/b/a Cingular Wireless
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Signature
Michael VanWeelden
Name
Director - Wholesale Services
Ti!.!?-
'Z.-O - C)
Date
Agreement Number CDS-O30417-0001/swd-jl/4/18/03 (Adoption of Sprint Spectrum loP.
Adoption Agreement-Pacific Bell Wireless Northwest, LLC d/b/a Cingular Wireless /Idaho
Amendment to the Interconnection Agreement
Between
Pacific Bell Wireless Northwest, LLC d/b/a Cingular Wireless
and
Qwest Corporation f.a U S WEST Communications, Inc.
For the State of Idaho
This Amendment ("Amendment") is made and entered into by and between Pacific Bell
Wireless Northwest, LLC d/b/a Cingular Wireless ("Cingular ) and Owest Corporation
a. U S WEST Communications, Inc. ("Owest"
RECITALS
WHEREAS, Cingular and Owest entered into an Interconnection Agreement for service
in the state of Idaho ("Agreement"); and
WHEREAS, Cingular and Owest desire to amend the Agreement by adding 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 as follows:
1. Amendment Terms.
This Amendment is made in order to modify the terms of Section (8)2., End
Office and Tandem Switched Transport, to read as follows:
(8)2.1 End Office and Tandem Switched Transport
(8)2.The Parties agree that, because this state is a new market for the
Cingular, end office Call Termination and tandem switched transport compensation
for Exchange Service (EAS/Local) traffic shall be based upon the bill and keep
compensation mechanism, whereby neither Party charges the other Party reciprocal
compensation for the termination of EAS/Local traffic originated by the other Party.
8ill and keep shall govern compensation for such traffic exchanged by the Parties in
this state until the earlier of: (1) the expiration of this agreement, or (2) further action
by the Federal Communications Commission , or a court of competent jurisdiction
vacates , replaces, modifies, or supersedes the applicable rules adopted in Order on
Remand and Report and Order, CC Docket Nos. 96-, 99-, FCC 01-131 (reI. Apr.
, 2001 ).
Neither Party shall lose any of its rights from the original contract by entering into this
Amendment.
Amendment to CDS-030417 0001 /jld/- Cingular Wireless - ill
2. Effective Date.
This Amendment shall be deemed effective upon the Idaho State Commission
approval, however, the Parties may agree to implement the provisions of this
Amendment upon execution.
3. Amendments; Waivers
The provisions of this Amendment, including the provisions of this sentence, may not
be amended, modified or supplemented, and waivers or consents to departures from
the provisions of this Amendment 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.
4. Entire Agreement
This Amendment (including the documents referred to herein) constitutes the full and
entire understanding and agreement between the Parties with regard to the subjectsof this Amendment and supersedes any prior understandings, agreements
amendments, or representations by or between the Parties, written or oral, to the
extent they relate in any way to the subjects of this Amendment.
The Parties intending to be legally bound have executed this Amendment as of the
dates set forth below, in multiple counterparts, each of which is deemed an original
but all of which shall constitute one and the same instrument.
Pacific Bell Wireless Northwest, LLC Qwest Corporation
'L rCL:J
Authorized Signature
~tJ~aA.
Authorized S ature
Michael VanWeelden
Name Printed/Typed
L. T. Christensen
Name Printed/Typed
Director - Wholesale Services
Title
Director - Business Development
Title
Date
/30 Io~
Date
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Amendment to CDS-O30417-000 l/jld/- Cingular Wireless - ID