20040614Application.pdf

RECEIVED
fLEDMary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
msho bson~stoe1. com
2004 JUf~ Pr1 3: I'
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UTILITIES COpif,p1ISSION
Brad VanLeur
OrbitCom, Inc.
1701 North Louise Avenue
Sioux Falls, SD 57197
Telephone: [phone]
Facsimile: [phone]
JOINT APPLICATION OF QWEST
CORPORATION AND ORBITCOM, INC.
FOR APPROVAL OF THE ADOPTION OF
THE SGAT AGREEMENT FOR THE
STATE OF IDAHO PURSUANT TO 47
C. 252(E)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.(tJ(JI E- T- (11/-
APPLICATION FOR APPROVAL OF
AGREEMENT TO ADOPT SGAT
Qwest Corporation ("Qwest") and OrbitCom, Inc. ("Orbit") hereby jointly file this
Application for Approval of Agreement to Adopt SGA T ("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.
Orbit 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-
APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT SGA T-
Boise-I72270.10029164-00016
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
Orbit to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Orbit 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 who were not party to the
negotiations. Expeditious approval would further the public interest.
Respectfully submitted this 11 th day of June, 2004.
Qwest Corporation
~Mif 4?k -
Mary S. rJbbson
Stoel Rives LLP, Attorneys for Qwest
and
Brad VanLeur
OrbitCom, Inc.
APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT SGA T-
Boise-I72270.10029164-00016
Page 2
CERTIFICATE OF SERVICE
I hereby certify that on this 11th day of June, 2004, I served the foregoing
APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT SGAT upon all parties
of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
i 1 ewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Brad VanLeur
OrbitCom, Inc.
1701 North Louise Avenue
Sioux Falls, SD 57197
Telephone: [phone]
Facsimile: [phone]
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
~d/ /r1
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT SGA
Boise-I72270.10029164-00016
Page 3
June 7, 2004
OrbitCom, Inc.
Brad VanLeur
1701 N. Louise Ave.
Sioux Falls, SD 5710337
Phone [phone]
Subject:
Qwest.
Spifit of Service
Agreement to Adopt Qwest Corporation s Statement of Generally Available
Terms ("SGA T") and Associated Exhibits for the State of Idaho
Dear Mr. VanLeur:
We have received your request that, in accordance with Section 252(i) of the Federal
Telecommunications Act of 1996, OrbitCom, Inc. ("CLEC") wishes to enter into Owest
Corporation s Statement of Generally Available Terms (SGAT) and Exhibits A though M for the
State Idaho.
By signing this letter (hereinafter referred to as the "Agreement"), CLEC and Owest Corporation
("Owest") incorporate herein and hereby adopt and agree to be bound by all terms and
provisions of the SGA T and Exhibits that are on file with the Idaho Public Utilities Commission
and in effect as the date of this letter, including the effective term of the SGAT. These include
the following documents, with their corresponding effective dates:
SGAT
Exhibit A
Exhibit B
Exhibit B1
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Exhibit L
Exhibit M
Statement of Generally Available Terms
Idaho Rates
Service Performance Indicators
Manual Service Order Accuracy
Service Interval Tables
Owest Right of Way, Pole Attachment and/or Innerduct
Occupancy General Information Document
Vertical Switch Features for UNE Switching
Special Request Process
Change Management Process (CMP)
Reserved for Future Use
Individual Case Basis (ICB)
Election of Reciprocal Compensation Option
Performance Assurance Plan
Advice Adoption Letter
nterim Advice Adoption Letter
Adoption Agreement of Idaho SGA
June 7, 2004/swd-lh/OrbitCom, Inc.lCDS-O40603-0002
dated 07/25/02
dated 04/26/04
dated 05/05/04
dated 03/12/03
dated OS/24/02
dated OS/24/02
dated OS/24/02
dated OS/24/02
dated OS/24/02
dated OS/24/02
dated OS/24/02
dated OS/24/02
dated 10/30/03
dated OS/24/02
dated OS/24/02
With respect to this Agreement, CLEC and Owest (hereinafter referred jointly to as "the Parties
further understand and agree:1. Owest requests that notice to Owest Corporation as may be required under the
Agreement or SGA T shall be provided as follows:
To:
Owest Corporation
Director Interconnection Agreements
1801 California Street, Room 2420
Denver, CO 80202
303-965-3029
Email - intagree~qwest.com
With copy to:
Qwest Corporation Law Department
Attention: Counsel, Interconnection
1801 California Street, 49th Floor
Denver, CO 80202
CLEC requests that notice to CLEC as may be required under the Agreement or SGA T shall be
provided as follows:
OrbitCom, Inc.
Brad VanLeur
1701 N. Louise Ave.
Sioux Falls, SD 57197'
Phone [phone]
Fax [phone]. CLEC represents and warrants that it is a certified local exchange carrier in the State of
Idaho and that this Agreement will cover services in that state only.
CLEC shall sign all three original of this Agreement, and return them to:
Owest Corporation
Manager of Interconnection Agreements
1801 California St, Suite 2420
Denver, CO 80202
Phone: [phone]. If the Idaho Public Utilities Commission approves or allows to become effective the
withdrawal or revision of the above-identified SGA T or any of the associated Exhibits before this
Agreement is executed by both parties, then the terms of this Agreement shall be rendered null
and void. CLEC and Qwest may thereafter discuss execution of a new Agreement that adopts
the SGA T and associated Exhibits as most recently approved or allowed to become effective by
the Idaho Public Utilities Commission.5. Qwest will file this Agreement with the Idaho Public Utilities Commission for approval
pursuant to Section 252 of the Federal Telecommunications Act of 1996. Owest notes that
some state commissions may not approve the Agreement until the CLEC is certified by the state
commission.
Adoption Agreement of Idaho SGA
June 7, 2004/swd-lh/OrbitCom, Inc.lCDS-O40603-O002
6. Exhibit J, Election of Reciprocal Compensation Option, establishes the Reciprocal
Compensation rate for 251(b)(5) voice traffic billed by the Parties. CLEC chooses voice
services compensation at: MUST Initial ONE choice)1. FCC Ordered Rate QB 2. State Ordered Rate
The Parties agree to all terms and conditions contained in this Agreement as indicated by
signatures below:
OrbitCom, Inc.
/7
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Name Printedrryped
Pr--es , elf'",-
Title
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Date
Qwest ~r~io~~lu'L~.
Signature
L. T. Christensen
Name Printedrryped
Director-Interconnection Aareements
Title
,-f;t1Date
Adoption Agreement of Idaho SGA
June 7, 2004/swd-lh/OrbitCom, Inc./CDS-O40603-0002