20051222Application.pdf

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101 5, Capitol Boulevard, Suite 1900
Boise, Idaho 83702
main 208389.9000
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December 22, 2005
MARY S, HOBSON
Direct [phone]
mshobson\1j)stoeLcom
VIA HAND DELIVERY
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QvJr;;*~oS:
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APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT
COMMP ARTNERS LLC 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 CommPartners LLC
Agreement. The CommPartners LLC Application for Approval of Agreement to Adopt SGA
was approved by this Commission on October 13, 2005, by Order #29889. 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
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Mary S.jiobson
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Boise-191230.10029164-00016 Idaho
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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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APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
THE ADOPTION OF THE
COMMP ARTNERS LLC AGREEMENT
(APPROVED BY THE COMMISSION ON
OCTOBER 13, 2005 (ORDER NO. 29889),
IN DOCKET NO. QWE-05-15) FOR
THE STATE OF IDAHO PURSUANT TO
47 U.C. ~252(e)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
l,V~ -t -o5-;t CASE NO.
APPLICATION FOR APPROVAL OF
AGREEMENT TO ADOPT
COMMP ARTNERS LLC AGREEMENT
Qwest Corporation ("Qwest") hereby files this Application for Approval of Agreement to
adopt CommPartners LLC Agreement ("Agreement"
).
The Agreement with Red-Ban
Communications, LLC ("Red-Ban ) 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
AFPLICA TION FOR AFPROV AL OF AGREEMENT TO ADOPT TALK AMERICA INe. AGREEMENT-Page 1
Red-Ban Communications LLC
Boise-191231.1 0029164-00016
of the state of Idaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Agreement will enable Red-Ban 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 22nd day of December, 2005.
Qwest Corporation
~nJt'
ary S. bson
Stoel Rives LLP, Attorneys for Qwest
APPLICA nON FOR AFPROV AL OF AGREEMENT TO ADOPT TALK AMERICA INe. AGREEMENT-Page 2
Red-Ban Communications LLC
Boise-191231.1 0029164-00016
CERTIFICATE OF SERVICE
I hereby certify that on this 22nd day of December 2005 I served the foregoing
APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT COMMPARTNERS
LLC 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
ij ewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Rich Redman
Red-Ban Communications LLC
1075 South Highway 77
Albion, ill 83311
Telephone: [phone]
Hand Delivery
--.lL u. S. Mail
Overnight Delivery
Facsimile
Email
6f?Wt~ fi~
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
Red-Ban Communications LLC
Boise-191231.1 0029164-00016
Qwest:
Spirit of $iHVi(f$
November 30, 2005
Red-Ban Communications, LLC
Rich Redman, Member Manager
1075 S. Hwy 77
Albion , Idaho 83311
Phone [phone]
Dear Mr. Rich Redman:
We have received your request that, under Section 252(i) of the Telecommunications Act of 1996 , Red-
Ban Communications, LLC ("CLEC") wishes to adopt in its entirety, the terms of the Interconnection
Agreement and any associated amendments, if applicable, (the "Underlying Agreement") between
CommPartners, LLC and Qwest Corporation fka U S WEST Communications, Inc. ("Qwest") that was
approved by the Commission on October 11 , 2005 as an effective agreement in the State of Idaho.
CLEC is incorporated in the state of Utah. 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 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, either Party may at its option declare the
remainder of the Agreement void and be excused from any performance thereunder.2. 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 conditions to which it objected in the
proceedings involving the approval of the Underlying Agreement.3. CLEC adopts the terms and conditions of the Underlying Agreement for interconnection with
Qwest and in applying the terms and conditions, agrees that Red-Ban Communications , LLC be
substituted in place of "CommPartners, LLC" throughout the Underlying Agreement wherever the latter
appears.4. 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
Agreement Number CDS-051129-0004
November 30, 2005/swd-lh/Red-Ban Communications, LLC/ldaho
(Adoption of CommPartners, LLC)
CLEC requests that notice to CLEC as may be required under the Underlying Agreement shall be
provided as follows:
Red-Ban Communications, LLC
Rich Redman, Member Manager
1075 S. Hwy 77
Albion , Idaho 83311
Phone [phone]
Fax [phone]
Email rich(gtatcnetnet5. 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.
Please sign all three original copies of this letter, and overnight them within sixty (60) days to:
Qwest Corporation
Manager of Interconnection
1801 California St, Suite 2420
Denver, CO 80202
Phone: [phone]
After sixty (60) days Qwest may rescind its willingness to consider the Agreement's terms and conditions.7. 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.
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Qwest Corporation
LT. Christensen
Director - Interconnection Agreements
1801 California Street, Suite 24th Floor
Denver, Colorado 80202
Date
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I agree to all terms and conditions contained in this letter as indicated by my signature below:~ns. LLC
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Agreement Number CDS-051129-0004
November 30, 2005/swd-lh/Red-Ban Communications, LLC/ldaho
(Adoption of CommPartners, LLC)