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Home My WebLink About20070716Application.pdfQwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 '-.- .- . n - t C':; :,,; ..1 Maura E. Peterson Paralegal Regulatory Law '" , '- Qwest~ Spirit of Service Via Overnight delivery July 12 2007 Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. fS(wE -dt-O$: Application for Approval of Agreement to Adopt the 360networks USA, Inc. Interconnection Agreement American Fiber Network 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. Thank you for your assistance in this matter. mep Enclosure cc: Service list Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 3206 Seattle, W A 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam. sherr(fYqwest. com .- ," ' ,- '~' ,."" , L.- ~ ,'" -,.. ,';-. '.. BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORATION FOR APPROVAL OF CASE NO.QWE: --01- 03;- 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) 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 American Fiber Network, Inc. ("American Fiber ) 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 ofthese 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 ofldaho, the Commission, the United States Congress, and the Federal APPLICA TION FOR APPROVAL OF AGREEMENT TO ADOPT INTERCONNECTION AGREEMENT- American Fiber Network, Inc.Page 1 Communications Commission. Expeditious approval of this Agreement will enable American Fiber 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 l1t'day of July, 2007. Qwest Corporation ~'" /j/ L e~/'1. ----' .- ~- O;v,-,\~ Adam Sherr , ttomey for Qwest APPLICA TION FOR APPROVAL OF AGREEMENT TO ADOPT INTERCONNECTION AGREEMENT- American Fiber Network, Inc.Page 2 CERTIFICATE OF SERVICE I hereby certify that on this \ Lf'd ay of July, 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 Robert Heath Executive Vice President American Fiber Network, Inc. 904 Sunningdale Richardson, TX 75081 Hand Delivery U. S. Mail Overnight Delivery Facsimile Email APPLICA TION FOR APPROVAL OF AGREEMENT TO ADOPT INTERCONNECTION AGREEMENT- American Fiber Network, Inc.Page 3 Qwest.- Spirit of Service Apri125 2007 Rob Heath, EVP American Fiber Network, Inc. 9401 Indian Creek Pkwy, St. 140 Overland Park, KS 66210 (913)338-2658 rob.heath~afnltd.com Dear Mr. Heath We have received your request that, under Section 252(i) of the Telecommunications Act of 1996 , American Fiber Network, Inc., ("AFN") 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 ("Qwest") that was approved by the Commission on March 7, 2006 as an effective agreement in the State of Idaho. AFN 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 AFN (lithe Parties ) intend that this letter serve as their agreement ("Letter Agreement") for AFN 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. Upon Commission approval , this new Agreement shall replace the Parties existing Interconnection Agreement, which shall then be considered , terminated. This Letter Agreement is not intended to address or affect the existing Commercial Agreements for Qwest High Speed Internet Service and Qwest Local Services Platform , which shall remain in effect.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. AFN adopts the terms and conditions of the Underlying Agreement for interconnection with Qwest and in applying the terms and conditions, agrees that American Fiber Network, Inc. be substituted in place of "360networks (USA) inc." throughout the Underlying Agreement wherever the latter appears. 25-07/swd-ms/American Fiber Network, Inc.llD Agreement Number CDS-O70424-0007 (Adoption of 360networks (USA) inc. 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 AFN requests that notice to AFN as may be required under the Underlying Agreement shall be provided as follows: Rob Heath , EVP American Fiber Network, Inc. 9401 Indian Creek Pkwy, St. 140 Overland Park, KS 66210 (913)338-2658 fax: (913)661-0538 rob. heathtID.afnltd .com robh~sbcglobal. net5. AFN 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.6. Please sign all three original copies of this letter, and overnight them within thirty (30) days to: Qwest Corporation Manager of Interconnection 1801 California St, Suite 2420 Denver, CO 80202 Phone: 303-965-3029 After thirty (30) 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 AFN is certified by the state commission. You may want to contact the appropriate state commission to determine the requisite filing guidelines. ":t~ Qwest Corporation LT. Christensen Director - Interconnection Agreements 1801 California Street, Suite 24th Floor Denver, Colorado 80202 Date (p J./ .--::;, 25-07/swd-ms/American Fiber Network, Inc.llD Agreement Number CDS-070424-0007 (Adoption of 360networks (USA) inc. I agree to all terms and conditions contained in this letter as indicated by my signature below: 7Zin ~i ~rk. Inc. nature Rob Heath Name Printed Executive Vice President Title Ii (, (J. 07 Date 25-07/swd-ms/American Fiber Network, Inc.llD Agreement Number CDS-O70424-0007 (Adoption of 360networks (USA) inc.