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Home My WebLink About20090113Application.pdfQwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-040 RECE.\VEO '"2:0\ inuq J~l' \ 3 Pn . Maura E. Peterson Paralegal Regulatory Law Qweste Spirit of Servicee Via Overnight delivery January 12,2009 Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street P.o. Box 83720 Boise, Idaho 83720-0074 Re: Case No. Q,Luf... -o't-e' Application for Approval of Agreement to Adopt 360networks (USA), inc. Interconnection Agreement Fretel Communications, LLC Dear Ms. Jewell: Enclosed for fiing with this Commission on behalf of Qwest Corporation is an original and three (3) copies of the Application for Approval to Adopt the 360networks USA, Inc. Interconnection Agreement. These documents were previously forwarded to the Idaho Commission on September 23,2008. Qwest respectfully requests that this matter be placed on the Commission Decision Meeting Agenda for expedited approvaL. Thank you for your 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~qwest.com RECEPJEO iOng JMl \ 3 p~ 2~ 0 \ 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 -06-2 FOR THE STATE OF IDAHO PURSUANT TO 47 U.S.C. §252(e) CASE NO.: d2L.:: -d -0 I APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT INTERCONNECTION AGREEMENT Qwest Corporation ("Qwest") hereby files this Application for Approval of Interconnection Agreement ("Agreement"). The Letter Agreement with Fretel Communications, LLC ("Fretel") 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 Telecommuncations Act of 1996 (the "Act"). Section 252( e )(2) of the Act directs that a state Commission may reject an agreement reached through volunta negotiations only if the Commission finds that: the agreement (or portion(s) thereof) discriminates against a telecommuncations carer not a pary 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 APPROVAL OF AGREEMENT TO ADOPT INTERCONNCTION AGREEMENT- FRETEL COMMUNICATIONS LLC Page 1 Communcations Commission. Expeditious approval of this Agreement will enable Fretel to interconnect with Qwest facilities and to provide customers with increased choices among local telecommuncations services. Qwest fuer requests that the Commission approve this Agreement without a hearing. Because this Agreement was reached through voluntar negotiations, it does not raise issues requiring a hearing and d6es not concern other parties who were not party to the negotiations. Expeditious approval would fuher the public interest. Respectfully submitted this ,,"Zday of January, 2009. Qwest .Corporation ~~OrQWeSI APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT INTERCONNECTION AGREEMENT- FRETEL COMMICATIONS LLC Page 2 CERTIFICATE OF SERVICE I hereby certify that on this -' tf day of January, 2009, 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 P.O. Box 83720 Boise, Idaho 83720-0074 j jewell(fpuc.state.id. us -- Hand Delivery U. S. Mail Overnght Delivery Facsimile Email Fretel Communications LLC Attn: Pat Morse, Senior VP-Govemment Affairs FairPoint Communications, Inc. 908 West Frontview Street P.O. Box 199 Dodge City, KS 67801-0199 /() -....~ Maura E. Pete Paralegal APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT INTERCONNCTION AGREEMENT- FRETEL COMMICATIONS LLC Page 3 RECEiVE ~toi=:t -oC(--( 1009 J~N \ 3 PM 2: 02 Qwest $pim of $(!fVCI! June 25, 2008 Resend - August 22,2008 Fretel Communications, LLC Attn: Pat Morse, Senior VP - Government Affairs FairPoint Communications, Inc. (c/o Fretel) 908 West Frontview Street P.O. Box 199 Dodge City, KS 67801-0199 DearMr. Pat Morse, We have received your request that, under Section 252(i) of the Telecommunications Act of 1996, Fretel Communications, LLC ("CLEC") wishes to adopt in its entirety, the terms of the Wireline Interconnection Agreement and any associated amendments, if applicable, (the "Underlying Agreement") between 360networks (USA), inc. (Agreement # CDS-051219-0002) and Qwest Corporation ("Qwest"), that was approved by the Commission on March 7,2006, as an effective agreement in the State of Idaho. CLEC is an Idaho Limited Liability Corporation. 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 serves 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 part 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. However, nothing relieves the CLEC from fulfiling all obligations incurred under the prior Agreement. This Letter Agreement is not intended to address or affect the existing Commercial Agreements for the Qwest Local Service Provider Agreement and Qwest Commercial High Speed Internet Service Agreement, 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. CLEC adopts the terms and conditions of the Underlying Agreement for interconnection with Qwest Corporation and in applying the terms and conditions, agrees that Fretel June 26, 2008/swd-ms/Fretel Communications, LLClldaho Agreement Number CDS-080512-ÛOO1 1 (Adoption of 360networks (USA), inc.) Communications, 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, 24tli floor Denver, CO 80202 Phone - 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 Phone: 303-383-6553 Email: Legai.nterconnection~qwest.com CLEC requests that notice to CLEC as may be required under the Underlying Agreement shall be provided as follows: Fretel Communications, LLC Attn: Pat Morse, Senior VP - Government Affairs FairPoint Communications, Inc. (c/o Fretel) 908 West Frontview Street P.O. Box 199 Dodge City, KS 67801-0199 Phone: 620-227-4400 Email -pmorse~fairpoint.com With a copy to: Fretel Communications, LLC Attn: Shirley linn, Executive VP, General Counsel FairPoint Communications, Inc. (c/o Fretel) 521 East Morehead Street, Suite 250 Charlotte, NC 28202 Phone: 704-344-8150 Email -slinn~fairpoint.com 5. 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. 6. Please sign all three original copies of this letter, and overnight them within thirt (30) days to: Manager of Interconnection Qwest Corporation 1801 California St, Suite 2420 Denver, CO 80202 Phone: 303-965-3029 After thirt (30) days Qwest may rescind its willngness to consider the Agreement's terms and conditions. June 26, 2008/swd-ms/Fretel Communications, LLC/ldaho Agreeent Number CDS-080512-0001 2 (Adoption of 360networks (USA), inc.) .. l- :. 7. Please note that Qwest wil file this Letter Agreement with the appropriate state commission for approval; however, sòme state commissions wil 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,-ia(~t. Qwest Corporation L.T. Christensen Director - Interconnection Agreements 1801 California Street, Suite 24th Floor Denver, Colorado 80202 Date C¡/è-/o ~f I I agree to all terms and conditions contained in this letter as indicated by my signature below: F~nicalions, LLC Signature Pat Morse Name Printed Senior VP - Government Affairs Title J -¿(~dr Date June 26, ,2008/swd-ms/Fretel Communicaions, LLClldaho Agreement Number CDS-080512-u001 3 (Adoption of 360networks (USA), inc.)