20060413Amended application.pdf

Mary S. Hobson
Attorney & Counselor
999 Main, Suite 1103
Boise, ID 83702
208-385-8666
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April 12 2006
VIA HAND DELIVERY
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington
Boise, ID 83702-5983
RE:Docket No. QWE-O6-
Dear Ms. Jewell:
Enclosed for filing with this Commission are an original and seven (7) copies of QWEST
CORPORATION'S AMENDED PETITION FOR APPROVAL OF
INTERCONNECTION AGREEMENTS TO IMPLEMENT FCC RULING IN T -MOBILE
ORDER and an original and seven (7) copies of QWEST CORPORATION'S MOTION TO
DISMISS COMPLAINT (Teton Communications, Inc.; JJC, Inc.). The Amended Petition
reflects the removal Teton Communications, Inc., and Mountainland Communications, Inc. as
Respondents since those companies have executed appropriate agreements, and the substitution
ofIntermountain Communications of Southern Idaho Inc. for JJC, Inc. dba Intermountain
Communications, because the latter was misidentified as a Respondent due to the similarity the
names of the companies
If you have any questions, please contact me. Thank you for your cooperation in this matter.
Very truly yours
!!!: h---z.-.
Enclosurescc: Service List
Boise-193000.1 0061273-00018
Mary S. Hobson (ISB. No. 2142)
999 Main, Suite 1103
Boise, ID 83702
Tel: [phone]
mary.hobson~qwest.com
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Adam L. Sherr
Corporate Counsel, Qwest
1600 7th Avenue, Room 3206
Seattle, WA 98191
Tel: [phone]
adam. sherr~qwest.com
Attorneys for Qwest Corporation
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
QWEST CORPORATION,
Complainant,
Mountain Communications, Inc. dba
Earl's Distributing, Inc.; Gem State
Communications, Inc. dba Idaho
Communications; Idaho Mobile
Telephone a/k/a Idaho Phone Service, Inc.
a/k/a Idaho Mobilephone a/k/a Idaho
Mobile Phone service, Inc.; JJC, Inc. dba
Intermountain Communications; Radio
Service Company; and Teton
Communications, Inc.
Docket No. QWE-O6-
Respondents
AMENDED PETITION FOR APPROVAL OF INTERCONNECTION
AGREEMENTS TO IMPLEMENT FCC RULING IN MOBILE ORDER
AMENEDED PETITION FOR APPROVAL OF INTERCONNECTION AGREEMENTS
TO IMPLEMENT FCC RULING IN T-MOBILE ORDER
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Qwest Corporation
, ("
Qwest") petitions the Idaho Public Utilities Commission
Commission ) for an order pursuant to 47 USC ~ 252(b) approving an interconnection
agreement between Qwest and each of the Respondents to implement the ruling of the Federal
Communications Commission ("FCC") in In the Matter of Developing a Unified Intercarrier
Compensation Regime, T-Mobile et al. Petition for Declaratory Ruling Regarding Incumbent
LEC Wireless Termination Tariffs, CC Docket 01-, FCC 05-, (ReI. Feb. 24, 2005) (the
Mobile Order
),
as follows:
Parties and Jurisdiction
Qwest is an incumbent local exchange carner ("ILEC") and regional Bell
operating company ("RBOC") with its principal place of business in Denver, Colorado. Qwest is
certified as a local exchange carrier in Idaho pursuant to its certificates of public convenience
and necessity issued by this Commission prior to January 1 , 1988.
Qwest seeks arbitration and approval of the Type 1 and Type 2 Paging
interconnection agreement attached to its original Petition as Exhibit B1 with the following
pagIng carners:
GEM State Communications, Inc.
dba Idaho Communications
1976 Century Way
Boise, ID 83709
Idaho Mobile Telephone
a/k/a Idaho Phone Service, Inc.
a/k/a Idaho Mobilephone
a/k/a Idaho Mobile Phone Service, Inc
1 Exhibit A to the original Petition for Approval of Interconnection Agreements is withdrawn due to the fact that
none of the remaining respondents in this proceeding are wireless service providers. For ease of administration
Qwest will continue to use the prior exhibit numbers to refer to the remaining exhibits.
AMENEDED PETITION FOR APPROVAL OF INTERCONNECTION AGREEMENTS
TO IMPLEMENT FCC RULING IN T-MOBILE ORDER
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P. O. Box 8747
Boise, ID 83707
Intermountain Communications of Southern Idaho Inc.
c/o Mickie L. Berger
115 E. 6th South
Mountain Home, ID 83814
Radio Service Company
O. Box 338
Burley, ID 83318
As required by section 252(b)(2)(B) of the Act, Qwest has delivered a copy of this
Amended Petition, together with all exhibits, to each of the providers identified above.
This Commission has jurisdiction to arbitrate and approve these agreements with
the listed carriers pursuant to section 251(b) (1) of the Act, and also pursuant to the Mobile
Order and clarifying regulations adopted there under.
This Petition is timely filed in that Qwest initiated, then restarted, negotiations on
October 11 2005. Thus, the 160th day after Qwest restarted negotiations is March 19 2006.
Pursuant to section 252(b)(4)(C) of the Act, this arbitration is to be concluded not
later than nine months after the applicable request for negotiations was sent to each Respondent
which for purposes of this petition is July 11 , 2006.
Background
The FCC has required Qwest to request and enter interconnection agreements for
the termination of wireless traffic, including paging. Qwest has diligently pursued such
interconnection agreement negotiations with Respondents, without response. The Respondents
failure to respond to Qwest's invitations to negotiate for an interconnection agreement is a failure
AMENEDED PETITION FOR APPROVAL OF INTERCONNECTION AGREEMENTS
TO IMPLEMENT FCC RULING IN T-MOBILE ORDER
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to negotiate in good faith under the federal Telecommunications Act of 1996 (the "Act"), which
has forced Qwest to seek approval of the interconnection agreement attached as Exhibit B to its
original Petition as the preferable alternative to discontinuing services relating to termination of
wireless traffic to Respondents.
In the Mobile Order the FCC clarified a preference for contractual
arrangements for wireless termination arrangements by (i) prohibiting LECs from imposing
compensation obligations for non-access CMRS traffic pursuant to tariff, (ii) amending its rules
to clarify that a LEC may request interconnection from a CMRS provider and invoke the
negotiation and arbitration procedures set forth in section 252 of the Act, and (iii) identifying
state commission implemented or approved rates as the applicable interim rates once a LEC
initiates the negotiation process.
In response to that order and the clarifying regulations (See 47 CFR ~ 20.11),
Qwest implemented the interim rates approved by the Mobile Order and initiated negotiations
with Respondents by correspondence dated May 3, 2005 for paging Type 1 and Type 2 carriers.
A copy of that notice is attached as Exhibit C to Qwest's original Petition. The notice included
a proposed agreement.
10.Also in response to these orders and regulations, Qwest withdrew its tariffs
catalogs, and price lists for wireless termination service in all of its in-region states. In Idaho
Qwest filed to withdraw its catalog on January 6, 2006. That catalog provision was withdrawn
by operation of law on January 16, 2006. (See Idaho Code ~ 62-606)
11.Many carriers responded to Qwest's initial request for negotiations , and Qwest
has entered into and filed those agreements with the Commission.
12.Other carriers, including Respondents, did not acknowledge Qwest's initial
AMENEDED PETITION FOR APPROVAL OF INTERCONNECTION AGREEMENTS
TO IMPLEMENT FCC RULING IN T-MOBILE ORDER
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request for negotiations, so Qwest sent a second request for negotiations on October 11 , 2005
again referencing the web address for the current version of the proposed agreement. As an
accommodation to the non-responding carriers, this letter also reset the time period for
negotiations, so that the window for requesting arbitration opened on February 22 , 2005 (the
135th day after October 11 , 2005) and will close on March 19 2005 (the 160th day). A copy of
this second notice is attached as Exhibit D to Qwest's original Petition.
13.Qwest also notified the Commission of its attempts to initiate negotiations on by
letter dated December 2 2005. A copy of that letter (without attachments) is attached as Exhibit
E to Qwest's original Petition.
14.A few more carriers responded to the second notice, and Qwest is in the process
of entering into and filing those agreements with the Commission.
15.Other carriers, including Respondents, did not respond to Qwest's second notice
so Qwest sent a third request for negotiations on January 13, 2006 (for paging providers) or
February 2 (for wireless providers). Copies of those requests are attached to Qwest's original
Petition as Exhibit F and Exhibit G, respectively. These requests for negotiations also included
a reference to the web site address where the current template agreement could be located.
16.Respondents still failed to respond to Qwest's requests for negotiation , so Qwest
sent yet another request to wireless and paging carriers on February 21 , 2006. A copy of that
request is attached as Exhibit H to Qwest's original Petition.Again, Qwest provided
Respondents with the web site address for the current template agreement.
17.Qwest followed up on these email notices with telephone calls to Respondents
when a contact and phone number could be identified.
18.Also, during this timeframe, Qwest conducted teleconference negotiation sessions
AMENEDED PETITION FOR APPROVAL OF INTERCONNECTION AGREEMENTS
TO IMPLEMENT FCC RULING IN T-MOBILE ORDER
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on November 16, 30, and December 7, 2005 for paging providers and on December 8, 2005 for
wireless providers.Qwest made several changes and updated the negotiation template
agreement in response to concerns raised by the providers attending those sessions.
Unresolved Issues
19.Pursuant to 47 USC ~ 252(a)(2)(A), a party petitioning for arbitration or approval
of an interconnection agreement is ordinarily required to submit a list or matrix of unresolved
issues from their negotiations. That is impractical in this case.
20.In this case, apart from Respondents' failure to respond to Qwest's many
invitations for negotiations, there are no unresolved issues, precisely because of Respondents
failure to negotiate in good faith, or even at all. Thus, Qwest is not aware of any disputes or
unresolved issues with respect to the proposed agreement.
Request for Arbitration and Approval Without Disputed Issues
21.Section 252 of the Act and 47 CFR ~ 20.11 both impose on Respondents a duty to
negotiate in good faith in response to the several requests for negotiation described above.
Respondents ' failure even to respond during an extended negotiation window violates this duty.
22.Because of the Respondents' violation of their duty to negotiate in good faith
Qwest asks that Respondents be barred from raising any disputed issues in response to this
Petition. If any Respondent is allowed to raise disputes now, the statutory duty to negotiate in
good faith would be rendered meaningless, and Respondents would be allowed to subvert the
entire scheme for negotiation and arbitration set up in the Act.
23.Thus, Qwest requests that the Commission approve the agreement contained in
Exhibit B as an interconnection agreement between Qwest and the paging carriers identified in
AMENEDED PETITION FOR APPROVAL OF INTERCONNECTION AGREEMENTS
TO IMPLEMENT FCC RULING IN T-MOBILE ORDER
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this Amended Petition, as written, without changes or disputed issues.
24.While Qwest asks that Respondents be barred from raising any disputed issues in
response to this Petition, Qwest does not ask the Commission to neglect its duties under section
252 of the Act to ensure that the agreement attached to Qwest's original Petition as Exhibit B
meets the requirements of section 251 of the Act, including the regulations prescribed by the
FCC pursuant to section 251 , or any other requirements within the Commission s state law
authority that are consistent with the Act and FCC regulations, as permitted under section
252(e)(3) of the Act.
25.Indeed Exhibits B fully complies with sections 251 and 252 of the Act
applicable state laws and the orders of this Commission, and is consistent with the Mobile
Order.The agreement is not discriminatory, and is consistent with the public interest
convenience, and necessity.
26.The Mobile Order requires Qwest to enter interconnection agreements with
wireless and paging providers - and forbids the use of tariffs - to set the terms and conditions for
the termination of traffic originated by these carriers. Pursuant to paragraph the Mobile Order
47 CFR ~ 20., and 47 CFR 51.715(c), the interim arrangements for pricing have governed the
exchange of traffic between Qwest and the Respondents thus far and will continue to apply
during the pendency of this proceeding, but may expire with this Commission s order either
approving or rejecting the proposed agreements. Thus, if the Commission will not approve the
agreements, Qwest will be forced to discontinue service to Respondents until an appropriate
interconnection agreement can be negotiated, approved, and filed. Qwest has taken every step
possible to avoid such a drastic result, but cannot provide termination services to Respondents
without an approved, filed agreement or catalog/tariff.
AMENEDED PETITION FOR APPROVAL OF INTERCONNECTION AGREEMENTS
TO IMPLEMENT FCC RULING IN T-MOBILE ORDER
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WHEREFORE Qwest respectfully requests that this Commission:
Conduct an arbitration pursuant to section 252(b) of the Act;
Bar Respondents from raising disputed issues in this arbitration as a consequence
of their failure to negotiate in good faith as required by the Act;
Find that Qwest's proposed interconnection agreement contained in Exhibit B is
consistent with applicable law and is commercially reasonable;
Issue an Order adopting and approving the proposed agreement contained
Exhibit B as an interconnection agreement between Qwest and the paging provider Respondents
identified in this Petition; and
Grant Qwest such other and further relief as may be necessary.
DATED this 12th day of April, 2006.
Respectfully submitted~b~
Mary S. bson (ISB. No. 2142)
999 Main. Suite 1103
Boise, ill 83702
Adam L. Sherr
Corporate Counsel, Qwest
1600 7th Avenue, Room 3206
Seattle, WA 98191
Attorneys for Qwest Corporation
AMENEDED PETITION FOR APPROVAL OF INTERCONNECTION AGREEMENTS
TO IMPLEMENT FCC RULING IN T-MOBILE ORDER
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CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing QWEST CORPORATION'
Amended Petition for Approval of Interconnection Agreements to Implement FCC Ruling in
Mobile Order was served on the 12th day of April, 2006 on the following individuals:
Jean D. Jewell .lL Hand Delivery (without exhibits)Idaho Public Utilities Commission U. S. Mail
472 West Washington Street Overnight DeliveryO. Box 83720 Facsimile
Boise, ill 83702 Email
Telephone [phone]
Facsimile: [phone]
i iewell~puc.state.id.
Weldon Stutzman
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ill 83702
Telephone [phone]
Facsimile: [phone]
.lL
GEM State Communications, Inc.
dba Idaho Communications
c/o Kirby L. Ortiz
1976 Century Way
Boise, ID 83709
Idaho Mobile Telephone
a/k/a Idaho Phone Service, Inc.; a/k/a Idaho --2L
Mobilephone; a/k/a Idaho Mobile Phone Service
c/o Donald Keeler
7478 Lemhi
Boise, ID 83706
Intermountain Communications of Southern
Idaho Inc.
c/o Mickie L. Berger
115 E. 6th South
Mountain Home, ID 83814
Radio Service Company
c/o Dale D. Avery
659 So. 3000
Burley, ID 83318
Hand Delivery (without exhibits)
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail (without exhibits)
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail (without exhibits)
Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery (Exhibits included)
Facsimile
Email
Hand Delivery
U. S. Mail (without exhibits)
Overnight Delivery
Facsimile
Email
Mary S. . bson
AMENEDED PETITION FOR APPROVAL OF INTERCONNECTION AGREEMENTS
TO IMPLEMENT FCC RULING IN T-MOBILE ORDER
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