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Home My WebLink About20040630Application.pdfMary S. Hobson (ISB# 2142) Stoel Rives LLP 101 South Capitol Boulevard - Suite 1900 Boise, ID 83702 Telephone: (208) 389-9000 Facsimile: (208) 389-9040 mshobson~stoel.coln Idaho Public Utilities Commission Office of the SecretaryRECEIVED JUN 2 9 200~ Boise, Idaho Carl Wolf Billek IDT America, Corp. 520 Broad Street Newark, NJ 07102-3111 Telephone: (973) 438-4854 Car l.B illek~corp .idtnet JOINT APPLICATION OF QWEST CORPORATION AND IDT AMERICA, CORP. FOR APPROVAL OF THE ADOPTION OF THE SPRINT COMMUNICATIONS COMPANY AGREEMENT (APPROVED BY THE COMMISSION ON JANUARY 13,2004, IN DOCKET NO. QWE-04-1) FOR THE STATE OF IDAHO PURSUANT TO 47 C. ~252(E) BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION CASE NO.tfft;J;-- r-e7/f~/( APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT SPRINT COMMUNICATIONS COMPANY AGREEMENT Qwest Corporation ("Qwest") and IDT America, Corp. ("IDT") hereby jointly file this Application for Approval of Agreement to Adopt Sprint Communications Company 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 APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT SPRINT COMMUNICATIONS CaMP ANY AGREEMENT- Boise-172941.1 0029164-00016 Page 1 agreement; or the implementation of such an agreement (or portion) is not consistent with the public interest, convenience and necessity. IDT and Qwest respectfully submit that this Agreement provides no basis for either 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 IDT to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. IDT 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 29th day of June, 2004. Qwest Corporation !;~Zs~:h- -- Stoel Rives LLP, Attorneys for Qwest and Carl Wolf Billek IDT America, Corp. APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT SPRINT COMMUNICATIONS COMPANY AGREEMENT- Boise-172941.10029164-00016 Page 2 CERTIFICATE OF SERVICE I hereby certify that on this 29th day of June, 2004, I served the foregoingAPPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT SPRINT COMMUNICATIONS COMPANY AGREEMENT 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 11 ewell~puc. state.id. Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Carl Wolf Billek IDT America, Corp. 520 Broad Street Newark, NJ 07102-3111 Telephone: (973) 438-4854 Carl.Billek~corp.idt.net Hand Delivery U. S. Mail Overnight Delivery Facsimile Email ~& tk~Brandi L. Gearliart, PLS Legal Secretary to Mary S. Hobson Stoel Rives LLP APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT SPRINT COMMUNICATIONS COMPANY AGREEMENT- Boise-172941.1 0029164-00016 Page 3 Qwest . .' .. .. .' . ,. " " SlJlrltfJ'/ $'t~'i~ June 18, 2004 lOT America , Corp. Mr. David Lucky 520 Broad Street Newark, NJ 07102 Phone: 973-438-3891 E-mail: dluckycrncorp.idtnet Dear Mr. Lucky: We have received your request that, under Section 252(i) of the TelecommunicationsAct of 1996 , lOT America, Corp. ("lOT") wishes to "Pick and Choose " in its entirety, theterms of the Interconnection Agreement and any associated amendments, if applicableAgreement") between Sprint Communications Company LP. and Owest Corporation("Qwesf') that was approved by the Commission on January 13, 2004 as an effectiveagreement in the State of Idaho. lOT America , Corp. is incorporated in the state of NewJersey. We understand you have a copy of the wireline agreement. With respect to the aforementioned Agreement, Owest and lOT ("the Partiesunderstand and agree:1. The Parties shall request the Commission to expedite its review and approval ofthis Agreement. This Agreement shall become effective upon such approval.2. Notwithstanding the mutual commitments set forth herein, the Owest is enteringinto this Agreement without prejudice to any positions it has taken previously, or maytake in the future, in any legislative, regulatory, or other public forum addressing anymatters, including those relating to the types of arrangements contained in thisAgreement. During the proceeding in which the Commission is to review and approvethe Agreement, Owest may point out that it has objected, and continues to object, to theinclusion of the terms and conditions to which it objected in the proceedings involving the approval of the Underlying Agreement.3. lOT adopts the terms and conditions of the Sprint Communications Company loP Agreement for interconnection with Owest and in applying the terms and conditionsagrees that lOT America, Corp. be substituted in place of "Sprint CommunicationsCompany L.P." throughout the Agreement wherever the latter appears.4. Owest requests that notice to Owest Corporation as may be required under theAgreement shall be provided as follows: To: Owest Corporation Director Interconnection Agreements 1801 California Street, Room 2410 Denver, CO 80202 303-965-3029 Email-lntAgree~qwest.com With copy to: Owest Corporation Law Department Attention: General Counsel , Interconnection1801 California Street, 49th FloorDenver, CO 80202 Agreement Number CDS-O40617-0002 18-04/swd-msIlDT America, Corp./ldaho (Adoption of Sprint Communications Company LP) lOT requests that notice to lOT as may be required under the Agreement shall be provided as follows: lOT America , Corp. Mr. David Lucky 520 Broad Street Newark, NJ 07102 Phone: 973-438-3891 Fax: 973-438-1479 E-mail: dluckycrncorp.idtnet5. lOT 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.6. Please sign all three original copies of this letter, and overnight them by September 19, 2004 to: Owest Corporation Manager of Interconnection 1801 California St, Suite 2420 Denver , CO 80202 Phone: 303-965-3029 After September 19 , 2004 Owest may rescind its willingness to consider the Agreement's terms and conditions.7. Please note that Owest will file this letter with the appropriate state commission for approval; however, some state commissions will not approve the letter until the lOT is certified by the state commission. You may want to contact the appropriate state commission to determine the requisite filing guidelines. Sincerely, -LtU(~Lc Owest Corporation LT. Christensen Director - Interconnection Agreements 1801 California Street, Suite 24th Floor Denver, Colorado 80202 ---- Date LD k)- I agree to all ter below: Name and conditions contained in this letter as indicated by my signature Title Ta e~ Cour+er re~' cL~+ (0 'Ll Date Agreement Number CDS-O40617-0002 18-04/swd-ms/IDT America, Corp./ldaho (Adoption of Sprint Communications Company LP)