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Home My WebLink About20041102Application.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.colTI Rich Blair RWF Communications, LLC dba Tele-waves 1201 West Lincoln Avenue Yakima, W A 98902 Telephone: (509) 248-7800 ' f r: \. it:" L. v 1- \i L.fYltLJ L-"11." ..,",,( fit"';'" u L. ltHFI de t ~- " ' ,,; . ' ' L) L ! C U T ! L IT I ES e 01"\ I'I I S S ION BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION JOINT APPLICATION OF QWEST CORPORATION AND RWF COMMUNICATIONS, LLC dba TELE- WAVES FOR APPROVAL OF THE ADOPTION OF THE ARCH WIRELESS HOLDINGS INC. fka ARCH PAGING INC. AND MOBILE COMMUNICATIONS CORPORATION OF AMERICA INC. AGREEMENT (APPROVED BY THE COMMISSION ON SEPTEMBER 1, 2000 (ORDER NO. 28499), IN DOCKET NO. USW-00-20) FOR THE STATE OF IDAHO PURSUANT TO 47 U.C. ~252(E) CASE NO.(!J /lit:" T~ (11/- .11 APPLICA TIONFOR APPROVAL OF AGREEMENT TO ADOPT ARCH WIRELESS HOLDINGS INC. AGREEMENT Qwest Corporation ("Qwest") and RWF Communications, LLC db a Tele-waves RWF") hereby jointly file this Application for Approval of Agreement to Adopt Arch Wireless Holdings Inc. fka Arch Paging Inc. and Mobile Communications Corporation of America Inc. 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 APPLICA nON FOR APPROVAL OF AGREEMENT TO ADOPT ARCH WIRELESS HOLDINGS INc. AGREEMENT- Boise-I77565.1 0029164-00016 Page 1 portiones) 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. RWF 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 R WF to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. R WF 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 ~CCll""'C ...""'nll ~"";"I"'Il'r h""'"";"I"'Il'r "l"'lrl rlA""'C "I"'IAt I"'A"I"'II"""""""" Ath"",... ......"'+~""'" "'ThA "'T"""""'" "I"'IAt ...... ...+u tA th"'".1~~U\.l~ .1\.1'1U.1.1.1.1.15 .1.1\.1 .1.1.1.15 .1.1U UV\.l~ .1.1VI.. \.IV.1.1\.1\.1.1.1.1 VI...1.1\.1.1 .p 1...1\.10 VV.1.1V VV \.1.1\.1 .1.1VI.. .p .1 1..) I..V 1...1.1\.1 negotiations. Expeditious approval would further the public interest. Respectfully submitted this 2ih day of October, 2004. Qwest Corporation/1t~~110 Mary S. I(9bson Stoel Rives LLP, Attorneys for Qwest and Rich Blair RWF Communications, LLC dba Telewaves APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT ARCH WIRELESS HOLDINGS INc. AGREEMENT- Boise-I77565.10029164-00016 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 ARCH WIRELESS HOLDINGS INC. 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. us Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Rich Blair RWF Communications, LLC dba Tele-waves 1201 West Lincoln Avenue Yakima, W A 98902 Telephone: (509) 248-7800 Hand Delivery U. S. Mail Overnight Delivery Facsimile Email ~;/. ~ddaJ , Brandl L. Gearhart, PLS Legal Secretary to Mary S. Hobson Stoel Rives LLP APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT ARCH WIRELESS HOLDINGS INc. AGREEMENT- Boise-I77565.1 0029164-00016 Page 3 Qwest. $pitil Of $ef'ii(;$ September 24, 2004 RWF Communications, LLC dba T ele-waves Rich Blair 1201 West Lincoln Ave Yakima, WA 98902 509-248- 7800 Dear Mr. Blair: We have received your request that, under Section 252(i) of the Telecommunications Act of 1996, RWF Communications, LLC dba Tele-waves, a Paging Provider ("RWF Communications ), wishes to "Pick and Choose" in its entirety, the terms of the Interconnection Agreement and any associated amendments, if applicable, ("Agreement") between Arch Wireless Holdings Inc (fka Arch Paging Inc. and Mobile Communications Corporation of America Inc.) and Owest Corporation fka U S WEST Communications, Inc. ("Owest") that was approved by the Commission on September 20, 2000 as an effective agreement in the State of Idaho. RWF Communications is incorporated in the state of Washington. We understand you have a copy of the wireless/paging agreement. With respect to the aforementioned Agreement Owest and RWF Communications ("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 Owest 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, Owest 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. RWF Communications adopts the terms and conditions of the Arch Wireless Holdings Inc Agreement for interconnection with Owest and in applying the terms and conditions, agrees that RWF Communications are substituted in place of "Arch Wireless Holdings Inc" throughout the Agreement wherever the latter appears.4. Owest requests that notice to Owest Corporation as may be required under the Agreement shall be provided as follows: Owest Corporation Director Interconnection Agreements 1801 California Street, Room 2410 Denver, CO 80202 303-965-3029 Email - intagree~qwest.com With copy to: Owest Corporation Law Department Attention: General Counsel , Interconnection 1801 California Street, 49th Floor Denver, CO 80202 Paging Adoption Agreement Number CDS-OO40923-0018 September 24, 2004/swd-jl/RWF Communications/Idaho (Adoption of Arch Paging Agrmt) RWF Communications requests that notice to RWF Communications as may be required under the Agreement shall be provided as follows: RWF Communications, LLC dba T ele-waves Rich Blair 1201 West Lincoln Ave Yakima, WA 98902 509-248- 7800 Fax 509-576-8038 Email rich.blair~tele-waves.com RWF Communications 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 only. Please sign all three original copies of this letter, and overnight them by December 23,2004 to: Owest Corporation Manager of Interconnection 1801 California St, Suite 2410 Denver, CO 80202 Phone: 303-965-3029 After December 23, 2004 Owest may rescind its willingness to consider the Agreement's terms and conditions. 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, ~ctt :- ( Owest Corporation LT. Christensen Director - Interconnection Agreements 1801 California Street, Suite 24th Floor Denver, Colorado 80202 Date --- IV! rf r I agree to all terms and conditions contained in this letter as indicated by my signature below: RWF ~~c dba Tele-waves Signature Rich Blair Name Printed Manaaina Partner Title /6 It( 2O0tf Date Paging Adoption Agreement Number CDS-OO40923-0018 September 24 , 2004/swd-jIlRWF Communicationslldaho (Adoption of Arch Paging Agrmt)