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Home My WebLink About20041102Application.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. COIn Matt O'Flaherty NorthStar Telecom, Inc. 1101 Hills Road Fremont, NE 68025 Telephone: (402) 753-0057 ; 1- ,,- \lr:: i\ C. 'I fXl ,-, ,~:' i t, E D "', ~O" 'inG t, nr'':;1 It: .~ ;,,; ~f i ,) \1 :. " ;:,);" ;u ,JuLiC UTILITIES COr'ii~1ISSI0N BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION CASE NO. tfJtf/,~ r: ilL/; ItJJOINT APPLICATION OF QWEST CORPORATION AND NORTHSTAR TELECOM, INC., A WHOLLY OWNED SUBSIDIARY OF MIDWEST MARKETING GROUP, INC., FOR APPROVAL OF THE ADOPTION OF THE AT&T COMMUNICATIONS OF THE MOUNTAIN STATES AGREEMENT (APPROVED BY THE COMMISSION ON JUNE 22, 2004 (ORDER NO. 29530), IN DOCKET NO. QWE-04-9) FOR THE STATE OF IDAHO PURSUANT TO 47 U.C. ~252(E) APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT AT&T. COMMUNICATIONS OF THE MOUNTAIN STATES AGREEMENT Qwest Corporation ("Qwest") and NorthStar Telecom, Inc., a wholly owned subsidiary of Midwest Marketing Group, Inc. ("NorthStar ) hereby jointly file this Application for Approval of Agreement to Adopt AT &T Communications of the Mountain States 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 APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT AT&T COMMUNICATIONS OF THE MOUNTAIN STATES AGREEMENT Boise-177447.10029164-00016 Page 1 portion( s) thereof) discriminates against a telecommunications carner 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. NorthStar 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- 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 NorthStar to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. NorthStar 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 Pl;lblic interest. Respectfully submitted this 2ih day of October, 2004. Qwest CorporationAt~t!fk-. Mary S. obson Stoel Rives LLP, Attorneys for Qwest and Matt 0 'Flaherty NorthStar Telecom, Inc., a wholly owned subsidiary of Midwest Marketing Group, Inc. APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT AT&T COMMUNICATIONS OF THE MOUNTAIN STATES AGREEMENT- Boise-177447.10029164-00016 Page 2 CERTIFICATE OF SERVICE I hereby certify that on this 2ih day of October, 2004, I served the foregoing APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT AT&T COMMUNICATIONS OF THE MOUNTAIN STATES 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 i lewell~puc.state.id. us Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Matt O'Flaherty NorthStar Telecom, Inc. 1101 Hills Road Fremont, NE 68025 Telephone: (402) 753-0057 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 AGREEMENT TO ADOPT AT&T COMMUNICATIONS OF THE MOUNTAIN STATES AGREEMENT- Boise-177447.1 0029164-00016 Page 3 Q w est; $Piti/M $i)('Jitl1 October 12, 2004 NorthStar Telecom , Inc. Matt O'Flaherty, President 1101 Hills Road Fremont, Nebraska 68025 Phone- 402-753-0057 Dear Mr. O'Flaherty: We have received your request that, under Section 252(i) of the Telecommunications Act of 1996, NorthStar Telecom, Inc. a wholly owned subsidiary of Midwest Marketing Group, Inc. CLEC") wishes to adopt in its entirety, the terms of the Interconnection Agreement and any associated amendments if applicable (the "Underlying Agreement"between AT&T Communications of the Mountain States, Inc. and Owest Corporation fka U S WEST Communications , Inc. ("Owest") that was approved by the Commission on June 22, 2004 as aneffective agreement in the State of Idaho. CLEC is incorporated in the state of Nebraska. We understand you have a complete copy of the Underlying Agreement. By their respective signatures below, Owest and CLEC ("the Parties ) intend that this letterserve as their agreement ("Letter Agreement") for CLEC to adopt the Underlying Agreement under the following terms and conditions:1. The Parties acknowledge that Owest believes that the Underlying Agreement no longeraccurately reflects the state of the law regarding certain of Owest's interconnection and unbundling obligations and that, accordingly, Owest does not believe that it is obligated to allow CLEC to adopt the Underlying Agreement without a corresponding amendment that Owestbelieves will bring the Underlying Agreement into compliance with current law. Owest thereforehas prepared and provided to CLEC the attached "TRO/UST A II Amendment " which Owestbelieves brings the Underlying Agreement into compliance with current law. Accordingly, theParties " agree to execute and file for Commission approval the attached "TRO/UST A Amendment" contemporaneously with this Letter Agreement, which amendment thereafter will serve as an amendment to this Letter Agreement.2. The Parties shall request the Commission to expedite its review and approval of thisLetter Agreement. This Letter Agreement shall become effective upon such approval. If forsome reason the Commission rejects all or part of the Letter Agreement, including the attached TRO/UST A II Amendment, either party may at its option declare the remainder of theAgreement void and be excused from any performance thereunder.3. Notwithstanding the mutual commitments set forth herein, the Owest is entering into this Letter 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 the Underlying Agreement. During theproceeding in which the Commission is to review and approve the Letter Agreement, Owestmay point out that it has objected, and continues to object, to the inclusion of the terms and Agreement Number CDS-O40930-0004 O/12/04/swd-ms/NorthStar Telecom/Idaho (Adoption of AT&T) conditions to which it objected in the proceedings involving the approval of the Underlying Agreement.4. CLEC adopts the terms and conditions of the Underlying Agreement for interconnection with Owest and in applying the terms and conditions , agrees that Midwest Marketing Group Inc. a. Northstar Telecom be substituted in place of "AT&T of the Mountain States, Inc. throughout the Underlying Agreement wherever the latter appears. 5. Owest requests that, notice to Owest Corporation as may be required under the Underlying Agreement shall be provided as follows: Owest Corporation Director Interconnection Agreements 1801 California Street, Room 2420 Denver, CO 80202 303- 965-3029 Email-lntAgree~qwest.com With copy to: Owest Corporation Law Department Attention: General Counsel, Interconnection 1801 California Street, 10th Floor Denver, CO 80202 CLEC requests that notice to CLEC as may be required under the Underlying Agreement shall be provided as follows: NorthStar Telecom, Inc. Matt O'Flaherty, President 1101 Hills Road Fremont, Nebraska 68025 Phone- 402-753-0057 Fax- 402-721-8845 Email mato~mmqi.net6. 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.7. Please sign all three original copies of this letter, and overnight them within ninety 90 days to: Qwest Corporation Manager of Interconnection 1801 California St, Suite 2420 Denver, CO 80202 Phone: 303-965-3029 After ninety (90) days Owest may rescind its willingness to consider the Agreement's terms and conditions.8. Please note that Owest will file this Letter Agreement with the appropriate statecommission for approval; however some state commissions will not approve the Letter Agreement until the CLEC is certified by the state ,commission. You may want to contact the appropriate state commission to determine the requisite filing guidelines. Agreement Number CDS-O40930-0004 O/12/04/swd-ms/NorthStar Telecom/Idaho (Adoption of AT&T) Sincerely,Date Owest Corporation LT. Christensen Director -Interconnection Agreements 1801 California Street, Suite 24th Floor Denver, Colorado 80202 ID!eJ)ey I agree to all terms and conditions contained in this letter as indicated by my signature below: NorthS1ar Telecom, Inc. a wholly owned subsidiary of Midwest Marketing Group, Inc. lJi,at fY~ Signature '-- Matt O'Flahertv. Name President Title Date Agreement Number CDS-O40930-0004 O/12/04/swd-ms/NorthStar Telecom/Idaho (Adoption of AT&T)