HomeMy WebLinkAbout20041109Application.pdfF:ECEIVED r~:-l
\\_
..J
Mary 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.coln
;1 ;:n
. .----, -.. .~.--
C~)
? il L t! 1\f , fJ L
: '
ii'. ntJ 'i' Ii v
. ., "- --, ".-' '
i ':1- it.!
UTILITIES CDf"tf"1ISSiON
Michael Blood
Matraex, Inc.
23 19 East Halsey
Eagle, ID 83616
Telephone: (208) 344-1115
JOINT APPLICATION OF QWEST
CORPORATION AND MATRAEX, INC.
FOR APPROVAL OF THE ADOPTION OF
THE ORBITCOM AGREEMENT
(APPROVED BY THE COMMISSION ON
JULY 8, 2004 (ORDER NO. 29544), IN
DOCKET NO. QWE-04-13) FOR THE
STATE OF IDAHO PURSUANT TO 47
U .C. ~252(E)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.(tJtlE-/-dl/~
APPLICATION FOR APPROVAL OF
AGREEMENT TO ADOPT ORBITCOM
AGREEMENT
Qwest Corporation ("Qwest") and Matraex, Inc. ("Matraex ) hereby jointly file this
Application for Approval of Agreement to Adopt OrbitCom 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
portiones) 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.
APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT ORBIT COM AGREEMENT - Page 1
Boise-177995.10029164-00016
Matraex and Qwest respectfully submit that this Agreement provides no basis for either
of these findings, arid, 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
Matraex to interconnect with Qwest facilities and to provide customers with increased choices
among local telecommunications services.
Matraex 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 9th day of November, 2004.
Qwest Corporation
Mary S. obson
Stoel Rives LLP, Attorneys for Qwest
and
Michael Blood
Matraex, Inc.
APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT ORBITCOM AGREEMENT - Page
Boise-177995.10029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 9th day of November, 2004, I served the foregoing
APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT ORBITCOM
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
Michael Blood
Matraex, Inc.
2319 East Halsey
Eagle, ill 83616
Telephone: (208) 344-1115
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
6t~%~
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICA TION FOR APPROVAL OF AGREEMENT TO ADOPT ORBITCOM AGREEMENT - Page 3
Boise-177995.1 0029164-00016
Qwest.
Spirit of SIlVie,
October 7, 2004
Matraex, Inc.
Michael Blood, President
2319 E Halsey
Eagle, ID 83616
208-344-1115
Dear Mr. Blood:
We have received your request that, under Section 252(i) of the Telecommunications Act of
1996, Matraex, Inc. ("Matraex ") wishes to adopt in its entirety, the terms of the Interconnection
Agreement and any associated amendments, if applicable, (the "Underlying Agreement"
between OrbitCom, Inc. and awest Corporation fka U S WEST Communications, Inc. ("awest"
that was approved by the Commission on July 8, 2004 as an effective agreement in the State of
Idaho. Matraex is incorporated in the state of Idaho. We understand you have a complete
copy of the Underlying Agreement.
By their respective signatures below, awest and Matraex ("the Parties ) intend that this letter
serve as their agreement ("Letter Agreement") for Matraex to adopt the Underlying Agreement
under the following terms and conditions:
1. The Parties acknowledge that awest believes that the Underlying Agreement no longer
accurately reflects the state of the law regarding certain of awest's interconnection and
unbundling obligations and that, accordingly, awest does not believe that it is obligated to allow
Matraex to adopt the Underlying Agreement without a corresponding amendment that awest
believes will bring the Underlying Agreement into compliance with current law. awest therefore
has prepared and provided to Matraex the attached "TRO/USTA \I Amendment " which awest
believes brings the Underlying Agreement into compliance with current law. Accordingly, the
Parties 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 this
Letter Agreement. This Letter Agreement shall become effective upon such approval. If for
some 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 the
Agreement void and be excused from any performance thereunder.3. Notwithstanding the mutual commitments set forth herein, the awest 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 the
proceeding in which the Commission is to review and approve the Letter Agreement, awest
may point out that it has objected , and continues to object, to the inclusion of the terms and
Agreement Number CDS-041 005-0001
10/6/04/swd-ms/Matraex, Inc./ldaho
(Adoption of Orbitcom)
conditions to which it objected in the proceedings involving the approval of the Underlying
Agreement.4. Matraex adopts the terms and conditions of the Underlying Agreement for
interconnection with Qwest and in applying the terms and conditions, agrees that Matraex, Inc.
be substituted in place of "Orbitcom , Inc." throughout the Underlying Agreement wherever the
latter appears.5. Qwest requests that notice to Qwest Corporation as may be required under the
Underlying Agreement shall be provided as follows:
Qwest Corporation
Director Interconnection Agreements
1801 California Street, Room 2420
Denver, CO 80202
303-965-3029
Email - IntAgreeCIDqwest.com
With copy to:
Qwest Corporation Law Department
Attention: General Counsel , Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
Matraex requests that notice to Matraex as may be required under the Underlying Agreement
shall be provided as follows:
Matraex, Inc.
Michael Blood , President
2319 E Halsey
Eagle, ID 83616
208-344-1115
Fax 208-493-301 0
Email - supportCIDmatraex.com6. Matraex 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 Qwest may rescind its willingness to consider the Agreement's terms and
conditions.8. Please note that Qwest will file this Letter Agreement with the appropriate state
commission for approval; however some state commissions will not approve the Letter
Agreement until the Matraex is certified by the state commission. You may want to contact the
appropriate state commission to determine the requisite filing guidelines.
Agreement Number CDS-041 005-0001
10/6/04/swd-ms/Matraex, Inc.lldaho
(Adoption of Orbitcom)
Sincerely,
-;(~
Qwest Corporation
LT. Christensen
Director - Interconnection Agreements
1801 California Street, Suite 24th Floor
Denver, Colorado 80202
Date
--'
Ijp1
I agree to all terms and conditions contained in this letter as indicated by my signature below:
4i-
Signature
-ft11Ju.d I Ot?
f't!St.e'1,
Title
Jt)~O~ -0(.1
Date
Agreement Number CDS-041 005-0001
10/6/04/swd-ms/Matraex, Inc./ldaho
(Adoption of Orbitcom)