20041102Application.pdf

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L,.101 S, Capitol Boulevard, Suite 1900
Boise, Idaho 83702
main 208.389,9000
fax 208.389,9040
www,stoel.com
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ATTORNEYS AT LAW
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October 27 2004
MARY S, HOBSON
Direct [phone]
mshobson(?YstoeLcom
VIA HAND DELIVERY
Jean D. Jewell
Idaho Public Utilities Commission
472 West Washington Street
O, Box 83720
Boise, ill 83720-0074
Re: Qwest/Z- Tel Communications Inc. QPPTM Agreement
Dear Ms. Jewell: rp fA! J: r-
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Qwest Corporation ("Qwest") and Z- Tel Communications Inc. ("Customer ) recently executed a
commercial agreement "Master Services Agreement" together with an attachment marked
Exhibit 1 the "Qwest Platform PlusTM Service." Together, these documents shall hereinafter be
termed the "QPPTM Agreement."
I am submitting with this letter a courtesy copy of the QPPTM Agreement for informational
purposes only. The reason that I am submitting the QPPTM agreement for informational purposes
only is because Qwest believes that Section 252(e) of the Federal Telecommunications Act, 47
C. ~ 252(e), does not require filing of the QPPTM Agreement for approval with state
commissions. As you are likely aware, the D.C. Circuit Court of Appeals ' decision in what has
been termed USTA II became effective on June 16 2004.1 In USTA II the D.C. Circuit vacated
various rules promulgated by the FCC, including but not limited to the requirement that
incumbent local exchange carriers ("ILECs ) unbundle certain network elements pursuant to
Section 251(c)(3), including but not limited to switching and shared transport. As stated by the
FCC, the Section 252( e) filing obligation applies to "an agreement that creates an ongoing
obligation pertaining to resale, number portability, dialing parity, access to rights-of-way,
reciprocal compensation, interconnection, unbundled network elements, or collocation.
Combining the impact of the D.C. Circuit's opinion with the FCC's Declaratory Ruling
United States Telecom Ass 'n. FCC Case No. 00-1012, (Decided March 2 2004).
In the Matter of Qwest Communications International Inc. Petition for Declaratory Ruling on the
Scope of the Duty to File and Obtain Prior Approval of Negotiated Contractual Arrangements under
Section 252(a)(1), para. 8 (emphasis that of the FCC). are go n
Washington
California
Boise-177443.1 0029164-00016
Utah
Idaho
Jean D. Jewell
Idaho Public Utilities Commission
October 27 2004
Page 2
regarding Section 252( e), there are no Section 251 (c )(3) obligations upon the incumbent to
provide switching and shared transport as an unbundled network element, and thus there are no
Section 252( e) filing obligations associated with the QPPTM Agreement.
The QPPTM Agreement is posted to the Qwest Wholesale website in its entirety and is available
to all carriers that assume all of the terms and obligations assumed by Customer. Further, Qwest
has filed the Agreement with the FCC under 47 U.C. ~ 211(a).
Please contact me with any questions you may have.
Very truly yours~fb~
~ary S &1obson
MSI-I:blg
Enclosure
Boise-177443.10029164-00016
QWEST MASTER SERVICES AGREEMENT
This Master Services Agreement, which includes this signature page, the subsequent general terms and conditions, the Rate Sheet
for each applicable state, Exhibit 1 (Qwest Platform Plus Service), and Attachment A to Exhibit 1 (Performance Metrics) attachedhereto or incorporated herein by reference (collectively the "Agreement") is entered into between Qwest Corporation ("Qwest") and
Tel Communications Inc. ("CLEC") (each identified for purposes of this Agreement in the signature blocks below, and referred to
separately as a "Party" or collectively as the "Parties ), on behalf of itself and its Affiliates. This Agreement may be executed in
counterparts. This Agreement shall become effective on the Effective Date. The undersigned Parties have read and agree to the
terms and conditions set forth in the Agreement.
QWEST CORPORATION:TEL COMMUNICATIONS INC.
By:
/?' ~ -
(Name): ''i-~~
(Title): J/'P- ~d..,.s~'1 ruJlI'
Date: /0 ~fI- /!Ii
NOTICE INFORMATION: All written notices required under the Agreement shall be sent to the following:
To awest Corp.
1801 California Street. Suite 2420
Denver, CO 80202
Phone #: [phone]
Facsimile #: 303-896-7077
E-mail: IntaQree(Ci).qwesLcom
Attention: ManaQer -Interconnection
To Z-Tel Communications Inc.
601 S. Harbour Island Blvd., Suite 220
Tampa. FL 33602
Phone #: [phone]
Facsimile #:
E-mail: rwalters(Ci).z-teLcom
Attention: Ron Walters, Vice President - Industry Policy
With copy to:awest
c/o 1801 California Street, Suite 4900
Denver, Colorado 80202
Facsimile #: 1-303-295-6973
Attention: Corporate Counsel, Wholesale
Reference: MSA for awest Platform Plus Service
APPLICABLE SERVICES:APPLICABLE STATES:
awest agrees to offer and CLEC intends to purchase the Services
indicated below by CLEC's signatory initialing on the applicable blanks:
awest agrees to offer and CLEC intends to purchase awest Platform Plus
app") service in the states indicated below by CLEC'signatory
initialing on the applicable blanks:
Exhibit 1 - Qwest Platform Plus Service Arizona
Colorado
Idaho
Iowa
Minnesota
Montana
Nebraska
New Mexico
North Dakota
Oregon
South Dakota
Utah
Washington
Wyoming
The Parties may amend the awest Master Services Agreement in writing from time to time to include additional products and
services.
September 23, 2004/pjd/Z-TeIl14 states
Qwest MSA
AZ CDS-O40923-0001
CO COS-040923-0002
IA CD5-040923-0003
10 CDS-O40923-0004
WA COS-O40923-0013
MN CDS-O40923-0005
MT CDS-040923-0006
NO CDS-O40923-0007
NE CDS-O40923-0008
WY CDS-O40923-o014
Page 1 of 14
NM CDS-040923-0009
OR CDS-O40923-001 0
SD CDS-O40923-0011
UT CDS-O40923-0012
SEE CASE FILE FO
COMPLETE TERMS
CONDITIONS OF THE
QWEST MASTER
SERVICES AGREEMENT