The URL can be used to link to this page

Home My WebLink About20050322Application.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 msho bson~stoel. com fZECEJVED ,-. j ., i _.C.. L ...... ZOO5i'11\R 22 Pi1 2: , .., , "", 'i. '" ; , L) ;-l)i5Lj\J UTiLI TIES COI"'clr'iISSfON BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORATION FOR APPROVAL OF THE ADOPTION OF THE COVIST A INC. AGREEMENT (APPROVED BY THE COMMISSION ON JULY 8, 2004 (ORDER NO. 29544), IN DOCKET NO. QWE- T -OR- 14) FOR THE STATE OF IDAHO PURSUANT TO 47 U.C. ~252(e) CASE NO.: Qw t=:1-005 -0 () APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT COVIST INC. AGREEMENT Qwest Corporation ("Qwest") hereby files this Application for Approval of the Adoption of the Covista Inc. Agreement ("Agreement" ). The Agreement with Prime Time Ventures, LLC Prime Time ) 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. 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 of the state of Idaho, the Commission, the United States Congress, and the Federal APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT COVIST A INC. AGREEMENT Prime Time Ventures LLC Boise-182257.1 0029164-00016 Page 1 Communications Commission. Expeditious approval of this Agreement will enable Prime Time 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 ~bliC interest. Respectfully submitted thisW day of March, 2005. Qwest Corporation/;b~ Stoel Rives LLP, Attorneys for Qwest APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT COVIST A INC. AGREEMENT Prime Time Ventures LLC Boise-182257.10029164-00016 Page 2 CERTIFICATE OF SERVICE I hereby certify that on this ay of March, 2005 , I served the foregoing APPLICATION FOR APPROV AL OF AGREEMENT TO ADOPT COVISTA INC. 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 ii ewell~puc,state.id. us Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Jeff Rhoden Prime Time Ventures, LLC 210 West 8th Street - Suite 202 Medford, OR 97501 Telephone: (541) 494-4444 Facsimile: (541) 494-4445 irhoden~mind.net 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 INC. AGREEMENT Prime Time Ventures LLC Boise-182257.10029164-00016 Page 3 Qwes SPirit Service March 3, 2005 Prime Time Ventures, LLC Jeff Rhoden 210 W. 8th Street Ste. 202 Medford, OR 97501 Phone: 541-494-4444 Fax: 541-494-4445 Email- jrhoden~mind.net Dear Mr. Rhoden: We have received your request that, under Section 252(i) of the Telecommunications Act of 1996, Prime Time Ventures, LLC ("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 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. CLEC is incorporated in the state of Oregon. We understand you have a complete copy of the Underlying Agreement. By their respective signatures below, awest 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 awest's interconnection and unbundling obligations and that , accordingly, awest does not believe that it is obligated to allow CLEC 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 CLEC the attached "TRO/UST A II 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 remai nder 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 Agreement Number CDS-O50302-0012 05/swd-lh/Prime Time Ventures, LLC/ldaho (Adoption of Covista, Inc. 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 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 Prime Time Ventures , LLC be substituted in place of "Covista, 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 2410 Denver, CO 80202 303-965-3029 Email-lntAgree~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: Prime Time Ventures, LLC Jeff Rhoden 210 W. 8th Street Ste. 202 Medford, OR 97501 Phone: 541-494-4444 Fax: 541-494-4445 Email- jrhoden~mind.net6. 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: 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 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-O50302-0012 05/swd-lh/Prime Time Ventures, LLC/ldaho (Adoption of Covista, Inc. Sincerely, adL- Qwest Corporati on LT. Christensen Director - Interconnection Agreements 1801 California Street, Suite 24th Floor Denver, Colorado 80202 Date :5 /0 /o~ --- I agree to all terms and conditions contained in this letter as indicated by my signature below: df; li!J~ Signature Jeff Rhoden Name Printed Owner Title 17; Ib5 Date Agreement Number CDS-O50302-0012 05/swd-lh/Prime Time Ventures , LLC/ldaho (Adoption of Covista, Inc.