The URL can be used to link to this page

Home My WebLink About20051114Application.pdfSTO E ~~, CE\\' , : , - I : ' ' ! ii-' I J. I I 101 S. Capitol Boulevard, Suite 1900 Boise, Idaho 83702 main 208.389.9000 fax 208.389.9040 ATTORNEYS AT LAW : ; \f~UC ); \\, ;1\::; CDi'ii/ISSIOH www.stoel.com Novemberjf, 2005 MARY S. HOBSON Direct (208) 387-4277 mshobsoni1YstoeI.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. G2UJG -t'--2"2- APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT TALK AMERICA INC. AGREEMENT Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and three (3) copies of the Application for Approval of Agreement to Adopt Talk America Inc. Agreement. The Talk America Inc. Application for Approval of Agreement to Adopt SGA was approved by this Commission on September 14 2004, by Order #29594. Qwest respectfully requests 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 fl1ifS Mary S. flobson :blm Enclosurecc: Service List Oregon Washington California Utah Boise-189494.10029164-00016 I d a h 0 ;:C!\! 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 msho bson(fp,stoel. com . u ' ,. . " .. P'/ ' I ,1-.1, It.. ! I :, 'I . :~") ; UGL/C i Ii!; ;t.~:; COi"ii'1!SSIO;~ BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORATION FOR APPROVAL OF THE ADOPTION OF THE TALK AMERICA INC. AGREEMENT (APPROVED BY THE COMMISSION ON SEPTEMBER 14, 2004 (ORDER NO. 29594), IN DOCKET NO. QWE- T -04-22) FOR THE STATE OF IDAHO PURSUANT TO 47 U.C. ~252(e) CASE NO.QwE -l-O6-~::t APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT TALK AMERICA INC. AGREEMENT Qwest Corporation ("Qwest") hereby files this Application for Approval of Agreement to adopt Talk America Inc. Agreement ("Agreement"). The Agreement with Pac-West Telecomm Inc. ("Pac-West") 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 APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT TALK AMERICA INC. AGREEMENT- Page 1 Pac-West Te1ecomm Inc. Boise-189497.10029164-00016 of the state of Idaho, the Commission, the United States Congress, and the Federal Communications Commission. Expeditious approval of this Agreement will enable Pac-West 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 thispday of November, 2005. Qwest Corporation Stoel Rives LLP, Attorneys for Qwest APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT TALK AMERICA INC. AGREEMENT- Page 2 Pac-West Telecomm Inc. Boise-189497.l 0029164-00016 CERTIFICATE OF SERVICE I hereby certify that on this l' day of November, 2005 , I served the foregoing APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT TALK AMERICA 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 i i ewell(fp,puc. state.id. us Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Mart McCann Pac-West Telecomm, Inc. 1776 West March Lane - Suite 250 Stockton, Ca 95207 Telephone: (209) 926-4224 Hand Delivery U. S. Mail Overnight Delivery Facsimile Email ~ . //1~l11dtJrl Brandi L. McMahon, PLS Legal Secretary to Mary S. Hobson Stoel Rives LLP APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT TALK AMERICA INC. AGREEMENT-Page 3 Pac-West Telecomm Inc. Boise-189497.10029164-00016 Qwest--2. Spirit of $erviCl October 18, 2005 Pac-West Telecomm, Inc. Mart McCann , Director, Interconnection 1776 West March Lane, Suite 250 Stockton, CA 95207 209 926 4224 office Dear Ms. Mart McCann: We have received your request that, under Section 252(i) of the Telecommunications Act of 1996 , Pac-West Telecomm, Inc. ("CLEC") wishes to adopt in its entirety, the terms of the Interconnection Agreement and any associated amendments, if applicable, (the "Underlying Agreement") between Talk America Inc., and Qwest Corporation fka U S WEST Communications, Inc. ("Qwest") that was approved by the Commission on September 14, 2004 as an effective agreement in the State of Idaho. CLEC is incorporated in the state of California. 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 and TRRO 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 and TRRO 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 and TRRO 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 , 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-051 025-0001 October 25, 2005/dkd-lhlPac-West Telecomm, Inc./ID (Adoption of Talk America) 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 Pac-West Telecomm , Inc. be substituted in place of "Talk America 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 - 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: Pac-West Telecomm, Inc. Mart McCann , Director, Interconnection 1776 West March Lane , Suite 250 Stockton , CA 95207 209 926 4224 office 209 926 4585 fax 9168022124 cellular mailto: mmccann~pacwest. com6. 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 ovemight them within sixty (60) days to: Qwest Corporation Manager of Interconnection 1801 California St, Suite 2420 Denver, CO 80202 Phone: 303-965-3029 After sixty (60) 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-051 025-0001 October 25, 2005/dkd-lh/Pac-West Telecomm, Inc.llD (Adoption of Talk America) Sincerely. ~rr Qwest Corporation L. T. Christensen Director - Interconnection Agreements 1801 California Street, Suite 24th Floor Denver, Colorado 80202 Date !o~t I I agree to all terms and conditions contained in this letter as indicated by my signature below: Name Printed Title l0 15 Date Agreement Number CDS-051 025-0001 October 25, 2005/dkd-lhlPac-West Telecomm, Inc.llD (Adoption of Talk America)