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Home My WebLink About20040831Application.pdfMary S. Hobson (ISB# 2142) Stoel Rives LLP 101 South Capitol Boulevard - Suite 1900 Boise, ill 83702 Telephone: (208) 389-9000 Facsimile: (208) 389-9040 msho bson~stoe1. com "" " ~ ,,- I \ r:- :.LLi v c:. \ \ ;;-1 'fn0\ ~pc " 4: 23vol t1o\,JU r , "j " ' \.1 .:~i ;/ '-' UT\LtT\tS LUr~tr\lSS10N Kevin Weltens Talk America Inc. 12020 Sunrise Valley Drive - Suite 250 Reston, VA 20191 Telephone: (703) 391-7534 JOINT APPLICATION OF QWEST CORPORATION AND TALK AMERICA INC. FOR APPROVAL OF THE ADOPTION OF THE SGA T AGREEMENT FOR THE STATE OF IDAHO PURSUANT TO 47 U.C. ~252(E) BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION CASE NO.!Jt;E- r oL/ 2 J.. APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT SGAT' Qwest Corporation ("Qwest") and Talk America Inc. ("Talk America ) 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 portion(s) 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. Talk America and Qwest respectfully submit that this Agreement provides no basis for either of these findings, and, therefore jointly request that the Commission approve this APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT SGA T- Boise-175289.1 0029164-00016 Page 1 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 Talk America to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. Talk America 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 27th day of August, 2004. son LLP, Attorneys " . and KevinWeltens Talk America Inc. APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT SGA T- Boise-175289.1 0029164-00016 Page 2 CERTIFICATE OF SERVICE I hereby certify that on this 27th day of August, 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 11 ewell~puc.state.id. us Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Kevin Weltens Talk America Inc. 12020 Sunrise Valley Drive - Suite 250 Reston, VA 20191 Telephone: (703) 391-7534 Hand Delivery U. S. Mail Overnight Delivery Facsimile Email ~/f! Brandi L.Gearhart, PLS Legal Secretary to Mary S. Hobson Stoel Rives LLP APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT SGAT- Boise-175289.10029164-00016 Page 3 Qwest Spirit 01 S,rvlce August 18, 2004 Talk America Inc. Kevin Weltens, Vendor Services 12020 Sunrise Valley Drive, Suite 250 Reston , VA 20191 703-391- 7534 Subject: Agreement to Adopt Qwest Corporation s Statement of Generally Available Terms ("SGAT") and Associated Exhibits, for the State of Idaho Dear Mr. Weltens We have received your request that, in accordance with Section 252(i) of the Federal Telecommunications Act of 1996, Talk America Inc. , (" Talk America ) wishes to enter into Qwest Corporation s Statement of Generally Available Terms ("SGAT") and associated Exhibits A through M, for the State of Idaho. By signing this letter (hereinafter referred to as the "Agreement"), Talk America and Qwest Corporation ("Qwest") 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 SGA T. These include the following documents, with their corresponding effective dates: SGAT Statement of Generally Available Terms dated 07/25/02 Exhibit A Idaho Rates dated 04/26/04 Exhibit B Service Performance Indicators dated 06/29/04 Exhibit B1 Manual Service Order Accuracy dated 03/12/03 Exhibit C Service Interval Tables dated OS/24/02 Exhibit D Qwest Right of Way, Pole Attachment and/or Innerduct Occupancy General Information Document dated OS/24/02 Exhibit E Vertical Switch Features for UNE Switching dated OS/24/02 Exhibit F Special Request Process dated OS/24/02 Exhibit G Change Management Process (CMP)dated OS/24/02 Exhibit H Reserved for Future Use dated OS/24/02 Exhibit I Individual Case Basis (ICB)dated OS/24/02 Exhibit J Election of Reciprocal Compensation Option dated OS/24/02 Exhibit K Performance Assurance Plan dated 06/29/04 Exhibit L Advice Adoption Letter dated OS/24/02 Exhibit M Interim Advice Adoption Letter dated OS/24/02 August 18, 2004/swdk-lhfTalk America/CDS-O40817-0012 Adoption Agreement of Idaho SGA With respect to this Agreement, Talk America and Qwest (hereinafter referred jointly to as "the Parties ) further understand and agree:1. Qwest requests that notice to Qwest Corporation as may be required under the Agreement or SGA T shall be provided as follows: To: Qwest 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 Talk America requests that notice to Talk America as may be required under the Agreement or SGA T shall be provided as follows: Talk America Inc. Kevin Weltens, Vendor Services 12020 Sunrise Valley Drive, Suite 250 Reston , VA 20191 703-391- 7534 Fax 703-391-7525 Email - kweltens~talk.com 2. Talk America 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. Talk America shall sign all three original of this Agreement, and return them to: Qwest Corporation Manager of Interconnection Agreements 1801 California St, Suite 2420 Denver, CO 80202 Phone: 303-965-30294. 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. Talk America 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. Qwest notes that some state commissions may not approve the Agreement until the Talk America is certified by the state commission. August 18, 2004/swdk-lhfTalk America/CDS-O40817-0012 Adoption Agreement of Idaho SGA