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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 mshobson~stoe1.com F;;ECEIVED ~!jED rID lOHti OCT 27 Pl~1 4: 35 .. .,."' ;c'il.i j,J ;- ; iUL\0 TILl T IES cor~lt.I!SSION Dean Polkow RCC Holdings, Inc. 3905 Dakota Street Southwest Alexandria, MN 56308 JOINT APPLICATION OF QWEST CORPORATION AND RCC HOLDINGS, INC. FOR APPROVAL OF THE ADOPTION OF THE T -MOBILE USA INC. fka VOICE STREAM WIRELESS CORPORATION AGREEMENT (APPROVED BY THE COMMISSION ON MARCH 5, 2002 (ORDER NO. 28965), IN DOCKET NO. QWE-01-27) FOR THE STATE OF IDAHO PURSUANT TO 47 C. ~252(E) BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION CASE NO.(fJpJjf- r:dl/-~t APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT T -MOBILE USA INC. AGREEMENT Qwest Corporation ("Qwest") and RCC Holdings, Inc. ("RCC") hereby jointly file this Application for Approval of Agreement to Adopt T-Mobile USA Inc. fka VoiceStream Wireless Corporation 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 Telec mmunications Act of 1996 (the "Act" ect on 252 flh ct rects t at a state Comm on may re ect 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 T -MOBILE USA INc. AGREEMENT Boise-177556.1 0029164-00016 Page 1 agreement; or the implementation of such an agreement (or portion) is not consistent with the public interest, convenience and necessity. RCC 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 RCC to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. RCC 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 2ih day of October, 2004. Qwest Corporation .A:trv ;(lfl# Mary S. bson Stoel Rives LLP, Attorneys for Qwest and Dean Polkow RCC Holdings, Inc. APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT T-MOBILE USA INc. AGREEMENT- Boise-177556.10029164-00016 Page 2 CERTIFICATE OF SERVICE I hereby certify that on this 27th day of October, 2004 , I served the foregoing APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT T -MOBILE USA 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 iiewell~puc.state.id. us Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Dean Polkow RCC Holdings, Inc. 3905 Dakota Street Southwest Alexandria, MN 56308 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 T -MOBILE USA INc. AGREEMENT- Boise-177556.10029164-00016 Page 3 Qwes Spirit 01 Service October 15, 2004 Dean Polkow RCC Holdings , Inc. 3905 Dakota Street Southwest O. Box 2000 Alexandria, MN 56308 320.808.2135 Dear Mr. Polkow: We have received your request that, under Section 252(i) of the Telecommunications Act of 1996, RCC Holdings, Inc., a Wireless Service Provider ("RCC"), wishes to "Pick and Choose" in its entirety, the terms of the Interconnection Agreement and any associated amendments, if applicable, ("Agreement") between T-Mobile USA Inc. fka VoiceStream Wireless Corporation and Qwest Corporation fka U S WEST Communications, Inc. ("Qwest") that was approved by the Commission on February 28, 2002 as an effective agreement in the State of Idaho. RCC Holdings , Inc. is incorporated in the State of Minnesota. We understand you have a copy of thewireless/paging agreement. With respect to the aforementioned Agreement, Qwest and RCC ("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 Qwest 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, Qwest 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. RCC adopts the terms and conditions of the T-Mobile USA Inc. fka VoiceStream Wireless Corporation Agreement for interconnection with Qwest and in applying the terms and conditions, agrees that RCC Holdings, Inc. be substituted in place of "T -Mobile USA Inc. fka VoiceStream Wireless Corporation" throughout the Agreement wherever the latter appears.4. Qwest requests that notice to Qwest Corporation as may be required under the Agreement shall be provided as follows: Qwest Corporation Director Interconnection Agreements 1801 California Street, Room 2410 Denver, CO 80202 303-965-3029 Email - intagree~qwest.com With copy to: Qwest Corporation Law Department Attention: General Counsel , Interconnection 1801 California Street, 49th Floor Denver, CO 80202 Wireless Adoption Agreement Number CDS-041 011-0007 October 15, 2004/swd-jl/RCC Holdings, Inc.lldaho (Adoption of T-Mobile) RCC requests that notice to RCC as may be required under the Agreement shall be provided as follows: Dean Polkow RCC Holdings, Inc. 3905 Dakota Street Southwest O. Box 2000 Alexandria, MN 56308 320.808.2135 - V 320.762.1162 - F Email: deanlp~rccw.com RCC 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 the State of Idaho only. Please sign all three original copies of this letter, and overnight them by January 15, 2005 to: Qwest Corporation Manager of Interconnection 1801 California St, Suite 2410 Denver, CO 80202 Phone: 303-965-3029 After January 15, 2005 Qwest may rescind its willingness to consider the Agreement's terms and conditions. Please note that Qwest 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,Date L- c-- --- I/) k..t /~ Qwest Corporation LT. Christensen Director - Interconnection Agreements 1801 California Street, Suite 24th Floor Denver, Colorado 80202 I agree to all terms and conditions contained in this letter as indicated by my signature below: ings, Inc. 1-, ;4 c Name Printed IJV8Si3 u::: ' ,",' '~''-. , l.':--"'VAA lJlJ-- ;\'~\ J . ,re Ice L.J C':'c","- ~' ' , ' \:':;v.I\:':;!!ic;:j,("'iChief Financ;;::!! Offi ~r - . ~ Title ~\ Date Wireless Adoption Agreement Number CDS-041 011-0007 October 15, 2004/swd-jl/RCC Holdings, Inc.lldaho (Adoption of T-Mobile)