20050224Application.pdf

Mary S. Hobson (ISB# 2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
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UTIL i't'IES ' COr1f'i\iSSlON
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.QW E -(-OS -0 APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
THE ADOPTION OF THE SPRINT
COMMUNICATIONS COMPANY LP
(APPROVED BY THE COMMISSION ON
JANUARY 13, 2004 (ORDER NO. 29417),
IN DOCKET NO. QWE- T -04-1) FOR THE
STATE OF IDAHO PURSUANT TO 47
C. ~252(e)
APPLICATION FOR APPROVAL OF
AGREEMENT TO ADOPT SPRINT
COMMUNICATIONS AGREEMENT
Qwest Corporation ("Qwest") hereby files this Application for Approval of Agreement to
Adopt Sprint Communications Agreement ("Agreement"). The Agreement with Metropolitan
Telecommunications of Idaho, Inc. ("Metropolitan ) 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
agreement; or the implementation of such an agreement (or portion) is not consistent with the
public interest, convenience and necessity.
Qwest respectfully submits that this Agreement provides no basis for either of these
findings, and, therefore requests that the Commission approve this Agreement expeditiously.
This Agreement is consistent with the public interest as identified in the pro-competitive policies
APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT
SPRINT COMMUNICATIONS AGREEMENT
Boise-181576.10029164-00016
Page 1
of the state of Idaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Agreement will enable
Metropolitan to interconnect with Qwest facilities and to provide customers with increased
choices among local telecommunications services.
Qwest further requests 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 23rd day of February, 2005.
Qwest Corporation
A tlV
':1 fk~ Mary S. bson
Stoel Rives LLP, Attorneys for Qwest
APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT
SPRINT COMMUNICATIONS AGREEMENT
Boise-181576.10029164-00016
Page 2
CERTIFICATE OF SERVICE
I hereby certify that on this 23rd day of February, 2005, I served the foregoing
APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT SPRINT
COMMUNICATIONS 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
11 ewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
David Aronow
Metropolitan Telecommunications of Idaho, Inc.
44 Wall Street - 6th Floor
New York, NY 10005
Telephone: [phone]
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
;/i?dMJ~~
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT
SPRINT COMMUNICATIONS AGREEMENT
Boise-181576.10029164-00016
Page 3
Qwe st~.
Spitil of Service
December 15,2004
Metropolitan Telecommunications of Idaho, Inc.
David Aronow, President
44 Wall St. 6th Floor
New York, N.Y. 10005
Phone-212-607 -2003
Dear Mr. Aronow:
We have received your request that, under Section 252(i) of the Telecommunications Act of
1996, Metropolitan Telecommunications of Idaho, Inc. ("CLEC") wishes to adopt in its entirety,
the terms of the Interconnection Agreement and any associated amendments, if applicable, (the
Underlying Agreement") between Sprint Communications Company, loP. and Qwest
Corporation fka U S WEST Communications, Inc. ("Qwest") that was approved by the
Commission on January 13, 2004 as an effective agreement in the State of Idaho. CLEC is
incorporated in the state of Delaware. We understand you have a complete copy of the
Underlying Agreement.
By their respective signatures below, Qwest 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 Qwest believes that the Underlying Agreement no longer
accurately reflects the state of the law regarding certain of Qwest's interconnection and
unbundling obligations and that, accordingly, Qwest does not believe that it is obligated to allow
CLEC to adopt the Underlying Agreement without a corresponding amendment that Qwest
believes will bring the Underlying Agreement into compliance with current law. Qwest therefore
has prepared and provided to CLEC the attached "TRO/UST A " Amendment," which Qwest
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 Qwest 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, Qwest
may point out that it has objected, and continues to object, to the inclusion of the terms and
Agreement Number CDS-O41213-0017 (Adoption of Sprint - 10)
December 15, 2004/swd-ms/Metropolitan Telecommunications of Idaho, Inc.lldaho
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 Metropolitan
Telecommunications of Idaho, Inc. be substituted in place of "Sprint Communications Company,
loP." 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 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, 10th Floor
Denver, CO 80202
CLEC requests that notice to CLEC as may be required under the Underlying Agreement shall
be provided as follows:
Metropolitan Telecommunications of Idaho, Inc.
David Aronow
President
44 Wall St. 6th Floor
New York, N.Y. 10005
Phone-212-607 -2003
Fax [phone]
Email - daronowcw.mettel.net
Additional Contact Information
Andoni Economou
COO and EVP
44 Wall St. 6th Floor
New York, N.Y. 10005
Phone-212-607 -2004
Fax [phone]
Email- aeconomou~mettel.net
6. CLEC 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: [phone]
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 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-O41213-0017 (Adoption of Sprint - 10)
December 15, 2004/swd-ms/Metropolitan Telecommunications of Idaho, Inc./ldaho
Sincerely,
U:Zt-
Qwest Corporation
loT. Christensen
Director - Interconnection Agreements
1801 California Street, Suite 24th Floor
Denver, Colorado 80202
Date
0z)~
I agree to all terms and conditions contained in this letter as indicated by my signature below:
Metropolitan Telecommunications of Idaho, Inc.
L---
Sign'ature
David Aronow
Name
President
Title -r7.
-J IJ~
Date
"2.. 7~
Agreement Number CDS-O41213-0017 (Adoption of Sprint -10)
December 15, 2004/swd-ms/Metropolitan Telecommunications of Idaho, Inc.lldaho