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Home My WebLink About20070201Application.pdfQwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 ncI F\\:'\ \\- d ?\\ 2.: GD '2li~l rEB - \\ . -' \J2. LI C \\')i\\\U ",\I'r~S i ,), UI\\..\'\iES CU.. \!" vMaura E. Peterson Paralegal Regulatory Law Qwest~ Spirit of Service Via Overnight delivery January 30, 2007 Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. G2w~::f- -6 Application for Approval of Agreement to Adopt the 360networks USA, Inc. Interconnection Agreement KMC Data, 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 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 this matter: Sincerely, \ll\oJJfJA '\ C ",. ~ura E. Pet;rson " - Thank you for your '-J mep Enclosure cc: Service list Adam 1. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 3206 Seattle, W A 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam.sherr(0qwestcom ECE\'; " 2Gin FE.B - \ PH 2.: 00 ,; (, i' ;: \\::: \ ('\~- ;t:~cO~:\\7\\SS\C ' \ L I "~ 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- T -06-02 FOR THE STATE OF IDAHO PURSUANT TO 47 c. ~252(e) CASE NO.qu d-o'l-d APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT 360NETWORKS USA, INC. INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") hereby files this Application for Approval of Interconnection Agreement ("Agreement"). The Letter Agreement with KMC Data, LLC KMC") 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) ofthe 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 APPLICATION FOR APPROY AL OF AGREEMENT TO ADOPT INTERCONNECTION AGREEMENT- KMC DATA, LLC Page 1 Communications Commission. Expeditious approval of this Agreement will enable KMC 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 January, 2007. Qwest Corporation !lJt7j/~ Adam Sherr, Attorney for Qwest APPLICATION FOR APPROY AL OF AGREEMENT TO ADOPT INTERCONNECTION AGREEMENT- KMC DATA, LLC Page 2 CERTIFICATE OF SERVICE I hereby certify that on this ~~ay of January, 2007 , 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 iiewell~puc.state.id. Hand Delivery U. S. Mail Overnight Delivery Facsimile Email KMC Data LLC Brian Murdoch, Director 5300 Oakbrook Parkway, Suite 330 Norcross, GA 30093 Hand Delivery --.2L U. S. Mail Overnight Delivery Facsimile Email Maura E. Pet son Paralegal APPLICA TION FOR APPROY AL OF AGREEMENT TO ADOPT INTERCONNECTION AGREEMENT- KMC DATA, LLC Page 3 Qwest..-: Spirit of S~(\liCb November 7 2006 KMC Data, LLC Brian Murdoch, Director 5300 Oakbrook Parkway, Suite 330 Norcross, GA 30093 Phone - 678.387.2802 Dear Mr. Murdoch We have received your request that, under Section 252(i) of the Telecommunications Act of 1996, KMC Data , LLC ("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 Delaware. 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. 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 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 KMC Data , LLC 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-lntAgree~qwest.com With copy to: Qwest Corporation Law Department Attention: General Counsel , Interconnection 1801 California Street, 10th Floor Denver, CO 80202 KMC Data, LLC/ldaho 11-06/swd-cc/Agreement Number CDS-O61107-0004 (Adoption of 360networks (USA), inc. CLEC requests that notice to CLEC as may be required under the Underlying Agreement shall be provided as follows: KMC Data, LLC Brian Murdoch , Director 5300 Oakbrook Parkway, Suite 330 Norcross, GA 30093 Phone - 678.387.2802 Fax - 678.387.2791 Email - Brian.Murdoch~Hypercube-lIc.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. iT6L~ l Qwest Corporation LT. Christensen Director - Interconnection Agreements 1801 California Street, Suite 24th Floor Denver, Colorado 80202 Date 1/?-/t;7 I agree to all terms and conditions contained in this letter as indicated by my signature below: ature ~~\A-N ~R~O(.H Name Printed "'b I Ci" 0 (L. - ElL M. t+t-J ~"\ Title I z.. 2,0 DCp Date KMC Data, LLC/ldaho 11-06/swd-cc/Agreement Number CDS-O61107-0004 (Adoption of 360networks (USA), inc.