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Home My WebLink About20050201Application.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~stoel.com RECEIVED f ttED 2nnSfEB - \ P\K.:tt::.; in;\, L40 PU'3l\C UT\L\lrEs COHtUSSrOH Paul Riss New Rochelle Telephone Corp. 75 South Broadway - Suite 302 White Plains, NY 10601 Telephone: (914) 682-4650 JOINT APPLICATION OF QWEST CORPORATION AND NEW ROCHELLE TELEPHONE CORP. fka PECONIC TELCO, INC. FOR APPROVAL OF THE ADOPTION OF THE COVISTA AGREEMENT (APPROVED BY THE COMMISSION ON JULY 8, 2004 (ORDER NO. 29544), IN DOCKET NO. QWE-04-14) FOR THE STATE OF IDAHO PURSUANT TO 47 U. ~252( e) BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION QloE- T--O"2-CASE NO. APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT COVIST AGREEMENT Qwest Corporation ("Qwest") and New Rochelle Telephone Corp. tka Peconic Telco Inc. ("New Rochelle ) hereby jointly file this Application for Approval of Agreement to Adopt Covista 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 portion(s) thereof) discriminates against a telecommunications carrier not a party to this APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT COVIST A AGREEMENT Boise-180874.1 0029164-00016 Page 1 agreement; or the implementation of such an agreement (or portion) is not consistent with the public interest, convenience and necessity. New Rochelle 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 New Rochelle to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. New Rochelle 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 1 st day of February, 2005. Qwest Corporation !h-, Stoel Rives LLP, Attorneys for Qwest and Paul Riss New Rochelle Telephone Corp. APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT COVIST A AGREEMENT Boise-180874.10029164-00016 Page 2 CERTIFICATE OF SERVICE I hereby certify that on this 1st day of February, 2005, I served the foregoing APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT COVIST A 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 i ewe II ~p uc. state.i d. us Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Paul Riss New Rochelle Telephone Corp. 75 South Broadway - Suite 302 White Plains, NY 10601 Telephone: (914) 682-4650 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 COVIST A AGREEMENT Boise-180874.10029164-00016 Page 3 Qwest. $pitit (.11 $etvite January 26 , 2005 New Rochelle Telephone Corp. Mr. Paul Riss President and CEO 75 South Broadway, Suite 302 White Plains, NY 10601 Phone 914-682-4650 Dear Mr. Riss : We have received your request that, under Section 252(i) of the Telecommunications Act of 1996 , New Rochelle Telephone Corp. ("CLEC") wishes to adopt in its entirety, the terms of the Interconnection Agreement and any associated amendments , if applicable, (the "Underlying Agreement") between Covista, Inc. and Owest 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. CLEC is incorporated in the state of New York. We understand you have a complete copy of the Underlying Agreement. By their respective signatures below, Owest and CLEC ("the Parties ) intend that this letter serve as their agreement ("Letter Agreement") for CLEC 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 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 Owest believes will bring the Underlying Agreement into compliance with current law. Owest therefore has prepared and provided to CLEC the attached "TRO/UST A II Amendment " which Owest believes brings the Underlying Agreement into compliance with current law. Accordingly, the Parties agree to execute and file for Commission approval the attached "TRO/USTA 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, Owest may point out that it has objected, and continues to object, to the inclusion of the terms and Agreement Number CDS-O50126-0035 1/26/05/swd-lh/New Rochelle Telephone Corp./ldaho (Adoption of Covista, Inc. 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 Qwest and in applying the terms and conditions, agrees that New Rochelle Telephone Corp. be substituted in place of "Covista , 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 2410 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: New Rochelle Telephone Corp. Mr. Paul Riss President and CEO 75 South Broadway, Suite 302 White Plains, NY 10601 Phone 914-682-4650 Fax - 775-743-6194 Email -phriss(Q),newroctel.com6. CLEC represents and warrants that it is a certified provider of local dialtone service 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: Owest 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 state commission 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-O50126-0035 1/26/05/swd-lh/New Rochelle Telephone Corp./ldaho (Adoption of Covista, Inc. Sincerely, ~ra Qwest Corporation LT. Christensen Director - Interconnection Agreements 1801 California Street, Suite 24th Floor Denver, Colorado 80202 Date 1ft !J);,S- I agree to all terms and conditions contained in this letter as indicated by my signature below: New Rochelle Telephone Corp. Signature Paul Riss Name President and CEOTitle //21/pS Date Agreement Number CDS-O50126-0035 1/26/05/swd-lh/New Rochelle Telephone Corp./ldaho (Adoption of Covista, Inc.