HomeMy WebLinkAbout20100602Application.pdfQwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
(206) 398-2504
Facsimile (206) 343-4040
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Maura E. Peterson
Paralegal
Regulatory Law
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June 1,2010
Jean Jewell, Secretar
Idaho Public Utilties Commssion
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. Qe.E ::-tD-OS-
Application for Approval of Agreement to Adopt
BLC Management LLC dba Angles Communication Solutions
Interconnection Agreement
Triarch Marketing, Inc. dba Triarch Communications
Dear Ms. Jewell:
Enclosed for fiing with this Commssion on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval to Adopt the Triarch Marketing, Inc. dba
Triarch Communicationsj 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 matt
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Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 1506
Seattle, W A 98191
Telephone: (206) 398-2507
Facsimile: (206) 343-4040
Adam. sherr (g qwest.com
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF CASE NO.: ~I.:i l 0 --~
THE ADOPTION OF THE BLC
MANAGEMENT, LLC DBA ANGLES
COMMICATION SOLUTIONS
INTERCONNECTION AGREEMENT
(APPROVED BY THE COMMISSION ON
MARCH 10, 2009 IN DOCKET NO. QWE-
T-09-03 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 Triarch Marketing Inc.
("Triarch") is submitted herewith.
This Agreement was reached through voluntar 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 "AcC).
Section 252(e)(2) of the Act directs that a state Commssion may reject an agreement
reached through voluntary 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-
TRIARCH MARKETING, INC.Page 1
Communications Commssion. Expeditious approval of this Agreement wil enable Triarch 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 /5 "day of June, 2010.
Qwest Corporation
~YforQwes~
APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT
INTERCONNCTION AGREEMENT-
TRIARCH MARKETING, INC.Page 2
CERTIFICATE OF SERVICE
I hereby certify that on this ) jt day of June, 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 Utilities Commssion
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
¡¡ewell (gpuc.state.id.us
Hand Delivery
U. S. Mail
_X_ Overnight Delivery
Facsimile
Email
Triarch Marketing, Inc. dba
Triarch Communications
James E. Dupont, President
508 Spencer St.
P.O. Box 330
Rayvile, LOA 71269
Hand Delivery
_X_ U. S. Mail
Overnight Delivery
Facsimile
Email /../~
Maura E. Peterso
Paralegal
APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT
INTERCONNCTION AGREEMENT-
TRIARCH MARKETING, INC.Page 3
..1
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Qwest:a
April 26, 2010
QU,(e -(~l D-oS;Triarch Marketing Inc. dba Triarch Communications
James E. Dupont, President
508 Spencer St
P.O. Box 330
Rayvile, LA 71269
Dear Mr. Dupont,
We have received your request that, under Section 252(i) of the Telecommunications Act of 1996, Triarch
Marketing Inc. dba Triarch Communications ("Triarch") wishes to adopt in its entirety, the terms of the
Wireline Interconnection Agreement and any associated amendments, if applicable, (the "Underlying
Agreement") between BLC Management, LLC dba Angles Communication Solutions (Agreement # CDS-
081113-0004) and Qwest Corporation ("Qwest"), that was approved by the Commission on March 10,
2009, as an effective agreement in the State of Idaho. Triarch is incorporated in the State of Louisiana.
We understand you have a complete copy of the Underlying Agreement.
By their respective signatures below, Qwest and Triarch (individually, a, "Party," or collectively, the
"Parties") intend that this letter serves as their agreement ("Letter Agreement") for Triarch to adopt the
Underlying Agreement ùnder 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 Part 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. Triarch adopts the terms and conditions of the Underlying Agreement for interconnection with
Qwest Corporation and in applying the terms and conditions, agrees that Triarch Marketing Inc. dba
Triarch Communications be substituted in place of "SLC Management, LLC dba Angles Communication
Solutions" 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 -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: Legal.nterconnection~qwest.com
April 26, 2010/swd-ccrriarch Marketing Inc. dba Triarch Communications/Idaho 1
Agreement Number CDS-100419-0004 (Adoption of BLC Management, LLC dba Angles Communication Solutions)
~ ..
.
.
.
Triarch requests that notice to Triarch as may be required under the Underlying Agreement shall be
provided as follows:
Triarch Marketing Inc. dba Triarch Communications
James E. Dupont, President
508 Spencer St
P.O. Box 330
Rayvile, LA 71269
Phone - 318-728-0971
Fax - 866-613-1500
Email -dupont~triarch.net
5. Triarch 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: 303-965-3029
After thirt (30) days Qwest may rescind its willngness to consider this Letter 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 Triarch is
certified by the state commission. You may want to contact the appropriate state commission to
determine the requisite filing guidelines.
Sincerely, C.~~;;
Qwest Corporation
L. T. Christensen
Director - Wholesale Contracts
1801 California Street, Suite 24th Floor
Denver, Colorado 80202
Date
6-/~~t
I agree to all terms and conditions contained in this letter as indicated by my signature below:
~Triareh Marketing Ine, ;; Trireh c~mmUniCatiOnS.ø.-L-~
Sig ure
James E. Dupont
Name Printed
President
Title
Date tf- )-2-;LÒ/O
April 26, 2010/swd-ccfTriarch Marketing Inc. dba Triarch Communications/ldaho 2
Agreement Number CDS-100419-0004 (Adoption of BLC Management, LLC dba Angles Communication Solutions)