Loading...
HomeMy WebLinkAbout20100602Application.pdfQwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 l-'~~_,. E Maura E. Peterson Paralegal Regulatory Law ~ 9-153 1\\'\\ JUl -2 1\ - \0 \.ì1\L\1\£ Qwest~ Spirit of Service~ Via Overnight delivery 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 mep 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 .rr. RCCf'I\¡,.~i iL. t:l"L.," 2\\\\\ JUN - 2 ~t\9: 53 \o.ñ.'.i40 pt- ¡"i,"\ - .., Ui\L\1\ES co 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 . . . 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)