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Home My WebLink About20060227Application.pdf~ ~ 5 TO E L ~~,,"" :.c: :C , '-:. , 101 S. Capitol Boulevard, Suite 1900 Boise, Idaho 83702 main 208.389,9000 fax 208.389.9040 www.sloel.com ATTORNEYS AT lAW ' . )\1\ji,i;:S CUi ;\,iSS\O:: February 24, 2006 MARY S. HOBSON Direct (208) 387-4277 mshobson0stoe1.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. Qu.JE--T-O b-o1 APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT TIME WARNER TELECOM OF IDAHO AGREEMENT Cox Idaho Telcom LLC 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 Time Warner Telecom of Idaho Agreement. 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 ~tiJ~~ :blm Enclosurecc: Service List Oregon Washington California U I a h Boise-193165.10029164-00016 I d a h a 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~stoe1.com BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORATION FOR APPROVAL OF THE ADOPTION OF THE TIME WARNER TELECOM OF IDAHO AGREEMENT (APPROVED BY THE COMMISSION ON AUGUST 11, 2004 (ORDER NO. 29559), IN DOCKET NO. QWE-04-20) FOR THE STATE OF IDAHO PURSUANT TO 47 U.C. ~252(e) CASE NO.: QWE-06- APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT TIME WARNER TELECOM OF IDAHO AGREEMENT Qwest Corporation ("Qwest") hereby files this Application for Approval of the Adoption of the Time Warner Telecom of Idaho Agreement ("Agreement"). The Agreement with Cox Idaho Telcom, LLC ("Cox ) 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. APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT TIME WARNER TELECOM OF IDAHO AGREEMENT - Cox Idaho Telcom LLC Boise-193164.10029164-00016 Page 1 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 Cox 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 24th day of February, 2006. Qwest Corporation ~!vV)/bf tt--- Mary S. bson Stoel Riv'is LLP , Attorneys for Qwest APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT TIME WARNER TELECOM OF IDAHO AGREEMENT - Cox Idaho Telcom LLC Boise-193164.10029164-00016 Page 2 CERTIFICATE OF SERVICE I hereby certify that on this 24th day of February, 2006, I served the foregoing APPLICATION FOR APPROVAL 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 11 ewell~puc.state.id. us Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Carrington Phillip Cox Communications, Inc. 1400 Lake Hearn Drive NE Atlanta, GA 30319 Hand Delivery U. S. Mail Overnight Delivery Facsimile Email &t!Ul~ KP//f/l~ Brandi L. McMahon, PLS Legal Secretary to Mary S. Hobson Stoel Rives LLP APPLICATION FOR APPROV AL OF AGREEMENT TO ADOPT TIME WARNER TELECOM OF IDAHO AGREEMENT - Cox Idaho Telcom LLC Boise-193164.10029164-00016 Page 3 Q w e s t. SpiNl of Service January 31 , 2006 Carrington Phillip Vice President of Regulatory Affairs Cox Communications, Inc. Atlanta, GA 30319 Dear Mr. Phillip We have received your request that, under Section 252(i) of the Telecommunications Act of 1996, Cox Idaho Telcom, L.L.C ("CLEC") wishes to adopt in its entirety, the terms of the Interconnection Agreement and any associated amendments , if applicable, (the "Underlying Agreement") between Time Warner Telecom of Idaho LLC and Owest Corporation fka U S WEST Communications, Inc. ("Owest") that was approved by the Commission on August 2 2004 as an effective agreement in the State of Idaho. CLEC is a Delaware corporation duly organized, validly existing and in good standing under the laws of Idaho. We understand you have a complete copy of the Underlying Agreement. By their respective signatures below, Owest 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 , 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 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 Owest and in applying the terms and conditions, agrees that Cox Idaho Telcom, L.L.C be substituted in place of "Time Warner Telecom of Idaho LLC" throughout the Underlying Agreement wherever the latter appears.4. Owest requests that notice to Owest Corporation as may be required under the Underlying Agreement shall be provided as follows: Agreement Number CDS-0601 03-0009 January 5, 2005/swd-ms/Cox/ID (Adoption of Time Warner-ID) Qwest Corporation Director Interconnection Agreements 1801 California Street, Room 2410 Denver, CO 80202 303-065-3029 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: Rob Logsdon Director, Regulatory Affairs Cox Idaho Telcom, LLC 11505 West Dodge Road Omaha, NE 68154 402 202 4344 402933-0011 (fax) rob.loqsdon(Q2cox.com with a copy to: Suzanne L. Howard Director, Regulatory Affairs Cox Communications , Inc. 1400 Lake Hearn Drive, N. Atlanta, GA 30319 404 843-5788 404 843-7909 (fax) suzan ne. howard (Q2cox. com5. CLEC represents and warrants that: (a) it: will submit its application for Certificate of Public Convenience and Necessity to the Idaho Public Utilities Commission; (b) it will be a certified provider of local dialtone service in the State of Idaho; and (c) this Agreement will cover services in that state only.6. 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: 303-965-3029 After sixty (60) days Qwest may rescind its willingness to consider the Agreement's terms and conditions. Agreement Number CDS-0601 03-0009 January 5, 2005/swd-ms/Cox/ID (Adoption of Time Warner-ID) 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. :;~ ::- Qwest Corporation LT. Christensen Director - Interconnection Agreements 1801 California Street, Suite 24th Floor Denver, Colorado 80202 Date hf~ I agree to all terms and conditions contained in this letter as indicated by my signature below: Cox'd~Te'cor.L.L.C . / c'c~~~ r;7 Si9j'ture i 014 f(, I( / nJ G rJ /-1 L- ( f PrinteICE (RrEs/bIEN; Title / /s! /0-6 Date Agreement Number CDS-0601 03-0009 January 5, 2005/swd-ms/CoxiID (Adoption of Time Warner-ID)