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Home My WebLink About20050211Application.pdfSTOEL~ R Ff\f\~/E- '~ '" 1'1 - - f"\I - -~ tJ- L. - ~,-."" ATTORNEYS AT LAW ~-- t,.....101 S, Capitol Boulevard, Suite 1900 ZO05 FEf3 t, "i q: 05 ::i ~~~~~~9 ~~~~~ fax 208.389,9040 iiU f'UBLIC www.stoel.com UTILITIES COr1t1iSSJOH February 11 , 2005 MARY S. HOBSON Direct (208) 387-4277 mshobson~stoel.com VIA HAND DELIVERY Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, Idaho 83720-0074 Re:Case No. Q wE. -i--o..'-0:5 APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT 1-800 RECONEX INC. dba USTEL AGREEMENT Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation and VCI Company is an original and three (3) copies of the APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT 1-800 RECONEX INC. dba USTEL AGREEMENT. The partie& respectfully request that this matter be placed on the Commission Decision Meeting Agenda for expedited approval. Please contact me if you have any questions concerning the enclosed. Thank you for your assistance in this matter. Very truly yours ~~~t~ :blg Enclosurecc: Service List Oregon Washington California Utah Boise-180873.1 0029164-00016 I d a h 0 Mary 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 HECEPIED r:n FD , j '-' ...~ .'-'=-" L...,""" 1u05 FEB i I Pri1 ~:Oi LiC urtttltES COMMISSION Malia Tasi VCI Company 3875 Steilacoom Boulevard - SW #A Lakewood, W A 98499 Telephone: (206) 310-6458 JOINT APPLICATION OF QWEST CORPORATION AND VCI COMPANY FOR APPROVAL OF THE ADOPTION OF THE 1-800 RECONEX INC. dba USTEL AGREEMENT (APPROVED BY THE COMMISSION ON JUNE 22, 2004 (ORDER NO. 29530), IN DOCKET NO. QWE-04-12) FOR THE STATE OF IDAHO PURSUANT TO 47 U.C. ~252(e) BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION Q) lV e ~ 7--0.5 -c) CASE NO. APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT 1-800 RECONEX INC. dba USTEL AGREEMENT Qwest Corporation ("Qwest") and VCI Company ("VCI") 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 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 1800-RECONEX AGREEMENT - Boise-1813lO.l 0029164-00016 Page 1 VCI 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 VCI to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services. VCI 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 11th day of February, 2005. Qwest Corporation ~~- Mary obson Stoel ves LLP, Attorneys for Qwest and Malia T asi VCI Company APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT 1800-RECONEX AGREEMENT - Boise-1813lO.l 0029164-00016 Page 2 CERTIFICATE OF SERVICE I hereby certify that on this 11th day of February, 2005, I served the foregoing APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT 1-800 RECONEX INC. dba USTEL 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 ewell~puc. state.id. Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Malia T asi VCI Company 3875 Steilacoom Boulevard - SW #A Lakewood, W A 98499 Telephone: (206) 310-6458 ~~ ~~ ~/-U rand! L. Gearhart, PLS Legal Secretary to Mary S. Hobson Stoel Rives LLP APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT 1800-RECONEX AGREEMENT - Boise-181310.l 0029164-00016 Page 3 Qwest. Sp,rit fit S4JtVi;;, January 11 , 2005 VCI Company Malia Tasi , Provisioner/Manager 3875 Steilacoom Blvd, SW # A Lakewood , WA 98499 Phone-206-31 0-6458 Dear Ms. Tasi: We have received your request that, under Section 252(i) of the Telecommunications Act of 1996, VCI Company ("VCI") wishes to adopt in its entirety, the terms of the Interconnection Agreement and any associated amendments, if applicable , (the "Underlying Agreement" between 1-800 Reconnex Inc dba USTel and Owest Corporation fka U S WEST Communications, Inc. ("Owest") that was approved by the Commission on June 22, 2004 as an effective agreement in the State of Idaho. VCI is incorporated in the state of Washington. We understand you have a complete copy of the Underlying Agreement. By their respective signatures below, Owest and VCI ("the Parties ) intend that this letter serve as their agreement ("Letter Agreement") for VCI to adopt the Underlying Agreement under the following terms and conditions: 1. The Parties acknowledge that Owest 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 VCI 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 VCI 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/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 Owest 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-040915-0016 January 11 , 2005/swd-lhNCI Company/Idaho (Adoption of 1-800 Reconnex dba UST el) conditions to which it objected in the proceedings involving the approval of the Underlying Agreement. 4. VCI adopts the terms and conditions of the Underlying Agreement for interconnection with Owest and in applying the terms and conditions, agrees that VCI Company be substituted in place of "800 Reconnex, Inc dba USTel" 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 2420 Denver, CO 80202 303-965-3029 Email - IntAgree~qwest.com With copy to: Owest Corporation Law Department Attention: General Counsel, Interconnection 1801 California Street, 10th Floor Denver, CO 80202 VCI requests that notice to VCI as may be required under the Underlying Agreement shall be provided as follows: VCI Company Malia Tasi , Provisioner/Manager 3875 Steilacoom Blvd, SW # A Lakewood , WA 98499 Phone-206-31 0-6458 Fax-253-475-6328 Email- provisioninq(Q).vcicompany,com6. VCI 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: 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 VCI is certified by the state commission. You may want to contact the appropriate state commission to determine the requisite filing guidelines. Agreement Number CDS-040915-0016 January 11 , 2005/swd-lh/VCI Company/ldaho (Adoption of 1-800 Reconnex dba USTel) Sincerely, / ~L. awest Corporation LT. Christensen Director - Interconnection Agreements 1801 California Street, Suite 24th Floor Denver, Colorado 80202 Date I /z.s- I agree to all terms and conditions contained in this letter as indicated by my signature below: Stan Efferdinq Name Secreta Title Date Agreement Number CDS-040915-0016 January 11 , 2005/swd-lhNCI Company/Idaho (Adoption of 1-800 Reconnex dba UST el)