20100521Application.pdf

Qwest
1600 7th Avenue, Room 3206
Seallle, Washington 98191
[phone]
Facsimile [phone]
RECEIVED
20JO HAY 21 AM 9: 36
Qwest~
Spirit of Service~
Maura E. Peterson
Paralegal
Regulatory Law
Via Overnight delivery
May 19,2010
Jean Jewell, Secretar
Idaho Public Utilties Commssion
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. t\E .) - (C) -c:y~
Application for Approval of Agreement to Adopt
Silver Star Telephone Company
Interconnection Agreement
Milennium Networks, LLC
Dear Ms. Jewell:
Enclosed for filing with this Commssion on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval to Adopt the Silver Star Telephone
Company, Inc. Interconnection Agreement. Qwest respectfully requests that this matter be
placed on the Commssion 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. ,-) I. ii
t .t v-
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Adam. sherr (j qwest.com
R.E.. t~i:i.... ~'¡Ll
ZDIOHAY.21 AM .9: 36
BEFORE THE IDAHO PUBLIC UTILITIES COMMSSION
APPLICATION OF QWEST
CORPORA TION FOR APPROVAL OF CASE NO.: D¿W 1; ~ -- ( 0 ~
THE ADOPTION OF THE SILVER STAR
TELEPHONE COMPANY INC.
INTERCONNECTION AGREEMENT
(APPROVED BY THE COMMISSION ON
NOVEMBER 25, 2009 (ORDER NO. 30953)
IN DOCKET NO. QWE- T -09-16 FOR THE
STATE OF IDAHO PURSUANT TO 47
U.S.C. §252(e)
APPLICATION FOR APPROVAL OF
AGREEMENT TO ADOPT
INTERCONNCTION AGREEMENT
Qwest Corporation ("Qwest") hereby fies this Application for Approval of
Interconnection Agreement ("Agreement"). The Letter Agreement with Milennium Networks,
LLC ("Millennium") 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 Commssion may reject an agreement
reached through voluntar negotiations only if the Commssion finds that: the agreement (or
portiones) thereof) discriminates against a telecommunications 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 Commssion approve this Agreement expeditiously.
This Agreement is consistent with the public interest as identified in the pro-competitive policies
of the state of Idaho, the Commssion, the United States Congress, and the Federal
APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT
INTERCONNCTION AGREEMENT-
MILLENNIUM NETWORKS, LLC Page 1
Communications Commssion. Expeditious approval of this Agreement wil enable Millennium
to interconnect with Qwest facilities and to provide customers with increased choices among
local telecommunications services.
Qwest further requests that the Commssion approve this Agreement without a hearng.
Because this Agreement was reached through voluntary negotiations, it does not raise issues
requiring a hearng and does not concern other paries who were not pary to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this \ ì~ day of May, 2010.
.p lÛt/ Ct~ (
~ Fó~'.
o ey for Qwest
APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT
INERCONNCTION AGREEMENT-
MILLENNUM NETWORKS, LLC Page 2
" .
CERTIFICATE OF SERVICE
I hereby certify that on this 11~ay of May, 2010, I served the foregoing
APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT
INTERCONNCTION AGREEMENT upon all paries of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilties Commssion
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
¡¡ewell (jpuc.state.id.us
Hand Delivery
U. S. Mail
_X_ Overnight Delivery
Facsimile
Email
Millennium Networks, LLC
Michelle Motzkus
L&R Administrator
104101 Hwy 89
Freedom, WY 83120
Hand Delivery
_X_ U. S. Mail
Overnight Delivery
Facsimile
Email
c~
Maura E. Peters
Paralegal
APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT
INTERCONNCTION AGREEMENT-
MILLENNIU NETWORKS, LLC Page 3
OW~$t~.
April 14, 2010
Milennium Networks, LLC
Ron McCue, COO
104101 Hwy 89
Freedom, WY 83120
Dear Mr. Ron McCue,
We have received your request that, under Section 252(i) of the Telecommunications Act of 1996,
Milennium Networks, 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 Silver Star Telephone Company, Inc. (Agreement # CDS-090708-0001) and Qwest Corporation
rQwest"), that was approved by the Commission on November 25, 2009, as an effective agreement in
the State of Idaho. CLEC is incorporated in the State of Wyoming. We understand you have a complete
copy of the Underlying Agreement.
By their respective signatures below, Qwest and CLEC (individually, a, "Part," or collectively, 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 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, a Party 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 Milennium Networks, LLC be
substituted in place of "Silver Star Telephone Company, 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
Phone - 303-965-3029
Email -intagree(.gwest.com
With copy to
Qwest Corporation Law Department
Attention: General Counsel, Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.lnterconnection~qwest.com
April 14, 2010/swd-ms/Millennium Networks, LLClldaho
Agreement Number CDS-100413-0001
(Adoption of Silver Star Telephone Company, Inc.)
1
CLEC requests that notice to CLEC as may be required under the Underlying Agreement shall be
provided as follows:
Milennium Networks, LLC
Michelle Motzkus, L&R Administrator
104101 Hwy 89
Freedom WY 83120
Phone [phone]
Fax [phone]
mamotzkus~silverstar. net
5. CLEC represents and warrants that it is a certified provider of local telecommunication service in
the State of Idaho and that this Agreement wil cover services in that state only.
6. Please sign all three original copies of this letter, and overnight them within thirty (30) days to:
Manager of Interconnection
Qwest Corporation
1801 California St, Suite 2420
Denver, CO 80202
Phone: [phone]
After thirty (30) days Qwest may rescind its wilingness to consider this Letter Agreement's terms and
conditions.
7. Please note that Qwest wil file this Letter Agreement with the appropriate state commission for
approval; however, some 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 filng guidelines.
s¡nCerelYa :.
d l '-7. Ur..
Qwest Corporation
L. T. Christensen
Director - Wholesale Contracts
1801 California Street, Suite 24th Floor
Denver, Colorado 80202
Date
0~lvI
--
I agree to all terms and conditions contained in this letter as indicated by my signature below:
Signatu
Ron McCue
Name Printed
COOTiUe ~-l li / ~
Date
April 14, 2010/swd-ms/Milennium Networks, LLClldaho
Agreement Number CDS-1 00413-0001
(Adoption of Silver Star Telephone Company, Inc.)
2