Loading...
HomeMy WebLinkAbout20061117Application.pdfQwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 RECEIVED 20nG NOV 11 PM I: 59 Maura E. Peterson Paralegal Regulatory Law IDAHO F"Uu.\JC .. UTiLITIES COMMISSIOi~Qwest~ Spirit of Service Via Overnight delivery November 16, 2006 Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. Qw~-t -0 b~ ~S- Application for Approval of Agreement to Adopt the 360networks USA, Inc. Interconnection Agreement Y gnition Networks, Inc. Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and three (3) copies ofthe Application for Approval of Amendment to Adopt the 360networks USA, Inc. Interconnection 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. assistance in tlJis-ri1latter. Sincerel ?" / ~~j~L~~ Maura E. Petef~ Thank you for your mep Enclosure cc: Service list Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 3206 Seattle, WA 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam.sherr~qwest.com Vr-n " -. "..- 2006 NOY 11 PM I: 59 ID;\HO r'U;~IY; UTILITIES COp;,;.,.\ISSiON BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORATION FOR APPROVAL OF THE ADOPTION OF THE 360NETWORKS USA, INC. INTERCONNECTION AGREEMENT (APPROVED BY THE COMMISSION ON MARCH 7, 2006 (ORDER NO. 29986) IN DOCKET NO. QWE-06-02 FOR THE STATE OF IDAHO PURSUANT TO 47 c. ~252(e) CASE NO.: Qw~ -=t- of,- ;;tS- APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT 360 NETWORKS, USA, INc. INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") hereby files this Application for Approval of Interconnection Agreement ("Agreement"). The Letter Agreement with Y gnition Networks, Inc. Y gnition ) 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 ofIdaho, the Commission, the United States Congress, and the Federal APPLICA TION FOR APPROVAL OF AGREEMENT TO ADOPT INTERCONNECTION AGREEMENT- Y gnition Networks, Inc. -Page 1 Communications Commission. Expeditious approval of this Agreement will enable Y gnition 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 ~day of November, 2006. Qwest Corporation m S err , Attorney for Qwest APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT INTERCONNECTION AGREEMENT- Y gnition Networks, Inc. -Page 2 CERTIFICATE OF SERVICE I hereby certify that on this 101 day of November, 2006, I served the foregoing APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT INTERCONNECTION 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~puc.state.id. us Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Y gnition Networks, Inc. Glenn Meyer, Chairman 565 Andover Park West, #201 Seattle, Wa 98188 Hand Delivery U. S. Mail Overnight Delivery Facsimile Email VLL~~?:C~~ Maura E. Peterson / Paralegal "" APPLICA TION FOR APPROVAL OF AGREEMENT TO ADOPT INTERCONNECTION AGREEMENT- Y gnition Networks, Inc. -Page 3 Qwest Spit" fJl Smit' October 12, 2006 Ygnition Networks, Inc. Glenn Meyer, Chairman 565 Andover Park West, #201 Seattle, Washington 98188 Phone 206-574-5480 Dear Mr. Glenn Meyer: We have received your request that, under Section 252(i) of the Telecommunications Act of 1996 Ygnition Networks, Inc. ("CLEC") wishes to adopt in its entirety, the terms of the Interconnection Agreement and any associated amendments, if applicable, (the "Underlying Agreement") between 360networks (USA) inc and Qwest Corporation fka U S WEST Communications, Inc. ("Qwest") that was approved by the Commission on March 7 , 2006 as an effective agreement in the State of Idaho. CLEC is incorporated in the State of Washington. We understand you have a complete copy of the UnderlyingAgreement. 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. This Letter Agreement shall become effective upon approval by the Commission. 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 thereunder2. 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 Ygnition Networks, Inc. be substituted in place of "360networks (USA) inc" 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 Ygnition Networks, Inc.lldaho 10-12-06/swd-lh/Agreement Number CDS-061 002-0004 (Adoption of 360networks (USA) inc) CLEC requests that notice to CLEC as may be required under the Underlying Agreement shall be provided as follows: Ygnition Networks, Inc. Glenn Meyer, Chairman 565 Andover Park West, #201 Seattle, Washington 98188 Phone 206-574-5480 Fax 206-574-5481 Email - amever(Ci).vanition.com info(Ci).vanition.com Copy to: Law Office of Lance J.M. Steinhart, PC Charlotte Lacey, Legal Assistant 1720 Windward Concourse, Suite 250 Alpharetta, Georgia 30005 Phone (770) 232-9145 Fax (678) 775-1195 clacev(Ci).telecomcou nsel. com5. CLEC represents and warrants that it is a certified provider of local telecommunication 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: 303-965-3029 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. Sincerely. --1-rU~( Qwest Corporation LT. Christensen Director - Interconnection Agreements 1801 California Street, Suite 24th Floor Denver, Colorado 80202 Date Ii)kl~ --' I agree to all terms and conditions contained in this letter as indicated by my signature below: Glenn Mever Name Printed Chairman Title 1o"/7-oh Date Ygnition Networks, Inc.lldaho 1 0-12-06/swd-lh/Agreement Number CDS-O61 002-0004 (Adoption of 360networks (USA) inc)