20110520Application.pdf

.Qwest
1600 7th Avenue, Room 1506
Seattle, Washington 98191
[phone]
Facsimile [phone]
RECEIVED
iou MAY 20 AM 9: 14Maura E. Peterson
Paralegal
Regulatory Law
Qwest~
Spirit of Service~
Via Overnight delivery
May 19,2011
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Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. ~Lu =t -ll-o-6-
Application for Approval of Agreement to Adopt the Neutral Tandem, Inc.
Interconnection Agreement
Broadvox-CLEC, LLC
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 Neutral
Tandem, Inc. Interconnection Agreement. Qwest respectfully requests that this matter be
placed on the Commission Decision Meeting Agenda for expedited approvaL.
Thank you for your
L-
mep
Enclosure
cc: Service list.
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Lisa A. Anderl (WSBA# 13236)
Qwest
1600 7th Ave, Room 1506
Seatte, WA 98191
Telephone: [phone]
Facsimile: [phone]
lisa.anderl (g qwest.com
RECE1Vi=fl-..,"
lOll PiA Y 20 AM 9: '4
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSIONAPPLICATION OF QWEST 'l í
CORPORATION FOR APPROVAL OF CASE NO.: G¿w-E: - l - ii..o 10
THE ADOPTION OF THE NEUTRAL
TANDEM INTERCONNECTION
AGREEMENT (APPROVED BY THE
COMMISSION ON JUNE 22, 2010 IN
DOCKET NO. QWE-T-I0-02 FOR THE
STATE OF IDAHO PURSUANT TO 47
U.S.C. §252(e)
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 Broadvox-CLEC, LLC
("Broadvox") 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 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 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 of Idaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Agreement will enable Broadvox to
APPLICATION FOR APPRO V AL OF AGREEMENT TO ADOPT
INTERCONNECTION AGREEMENT-
BROADVOX CLEC, LLC Page 1
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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 hearng.
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 pary to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this \~ day of May, 2011.
J;~?t 1~'(:r\ t:
Lisa A Andei:ttorney for Qwest
APPLICATION FOR APPRO V AL OF AGREEMENT TO ADOPT
INTERCONNECTION AGREEMENT-
BROADVOX CLEC, LLC Page 2
. CERTIFICATE OF SERVICE
I hereby certify that on this \qt~ay of May, 2011, I served the foregoing
APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT
INTERCONNECTION AGREEMENT upon all paries 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
jjewell (gpuc.state.id.iis
Hand Deli very
U. S. Mail
_X_ Overnight Delivery
Facsimile
Email
Alexander E. Gertsbiirg, Esq.
Broadvox, Inc.
1228 Euclid Ave. Suite 390
Cleveland, OR 44115
Hand Delivery
_X_ U. S. Mail
Overnight Delivery
Facsimile
Em'.v~
Maura E. Peters
Paralegal
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APPLICATION FOR APPRO V AL OF AGREEMENT TO ADOPT
INTERCONNECTION AGREEMENT-
BROADVOX CLEC, LLC Page 3
OocuSign Envelope 10: 20FB6B02-0A9B-4C18-81BE-1C2780FAE43E
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RECEtVi::~,
10n MAl 20 AM 9: \ 4
April 25, 2011
Alexander E. Gertsburg, Esq.,
Broadvox, Inc.
1228 Euclid Avenue, Suite 390
Cleveland, OH 44115
Mr. Gertsburg:
We have received your request that, under Section 252(i) of the Telecommunications Act of 1996,
Broadvox-CLEC, LLC ("CLEC") wishes to adopt in its entirety, the terms of the Wireline Interconnection
Agreements and any associated amendments, if applicable, (the "Underlying Agreements") between
Neutral Tandem, Inc. and Qwest Corporation ("Qwest"), for the States listed below. CLEC is incorporated
in the State of Ohio. We understand you have a complete copy of the Underlying Agreements.
State Adoption of Agreement # Approved by Expire
the State Date
Commission
Arizona Neutral Tandem, Inc.CDS-100414-0004 7-23-2010 7-14-2013
Colorado Neutral Tandem, Inc.CDS-100422-0001 8-8-2010 7-21-2013
Idaho Neutral Tandem, Inc.CDS-100316-0001 6-21-2010 6-17-2013
Iowa Neutral Tandem, Inc.CDS-1 00402-000 1 6-15-2010 7-2-2013
Minnesota Neutral Tandem, Inc.CDS-100422-0003 6-23-2010 7-27-2013
Montana Neutral Tandem, Inc.CDS-100319-0003 8-17-2010 6-19-2013
Nebraska Neutral Tandem, Inc.CDS-100402-0002 7-13-2010 7-2-2013
New Mexico Neutral Tandem, Inc.CDS-100402-0003 8-8-2010 7-1-2013
North Dakota Neutral Tandem, Inc.CDS-100325-0001 8-17-2010 6-25-2013
OreQon Neutral Tandem, Inc.CDS-1 00414-000 1 8-3-2010 7-14-2013
South Dakota Neutral Tandem, Inc.CDS-100325-0002 6-24-2010 6-25-2013
Utah Neutral Tandem, Inc.CDS-100414-0002 8-16-2010 7-14-2013
Washinaton Neutral Tandem, Inc.CDS-100422-0002 9-3-2010 7-21-2013
Wvomina Neutral Tandem, Inc.CDS-100317-0001 7-7-2010 7-17-2013
By their respective signatures below, Qwest and CLEC (individually, a, "Party," or collectively, the
"Parties") intend that this letter serves as their agreement for multiple states ("Letter Agreement") for
CLEC to adopt the Underlying Agreements under the following terms and conditions:
1. The Parties shall request the Commissions to expedite its review and approval of this Letter
Agreement. This Letter Agreement shall become effective upon such approvaL. Pursuant to the
Underlying Agreement CLEC is adopting, these Agreements shall expire on the same date as the
Underlying Agreements). If for some reason any 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
penormance thereunder.
April 25, 2011/swd-ms/BroadvQx-CLEC, LLC (Adoption of Neutral Tandem, Inc.)
(AZ= CDS-110420-0001); (CO= CDS-110420-0002); (IA= CDS-110420-0003); (10= CDS-110420-0004);
(MN= CDS-11 0420-0005); (MT= CDS-11 0420-0006); (NO= CDS-11 0420-0007); (NE= CDS-11 0420-0008);
(NM= CDS-110420-0009); (OR= CDS-110420-0010); (SO= CDS-110420-0011); (UT= CDS-110420-0012);
(WA= CDS-11042U-0013); rN= CDS-110420-0014)
OocuSign Envelope ID: 20FB6B02-0A9B-4C18-81BE-1C2780FAE43E
s .
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 Agreements. 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 Agreements.
3. CLEC adopts the terms and conditions of the Underlying Agreements for interconnection with
Qwest Corporation and in applying the terms and conditions, agrees that Broadvox-CLEC, LLC be
substituted in place of "Neutral Tandem, Inc." throughout the Underlying Agreements wherever the latter
appears.
4. Qwest requests that notice to Qwest Corporation as may be required under the Underlying
Agreements shall be provided as follows:
Qwest Corporation
Director Interconnection Agreements
930 15th Street, 6th floor
Denver, CO 80202
Phone: [phone]
Email: intagreeaygwest.com
With copy to:
Qwest Law Department
Wholesale Interconnection
1801 California Street, 10th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.nterconnectionaygwest.com .CLEC requests that notice to CLEC as may be required under the Underlying Agreements shall be
provided as follows:
Alexander E. Gertsburg, Esq.,
Broadvox, Inc.
1228 Euclid Avenue, Suite 390
Cleveland, OH 44115
[phone]
agertsburgaybroadvox.com
5. CLEC represents and warrants that it is a certified provider of local telecommunication service in
the States and that this Letter Agreement wil cover services in these states only.
6. Please sign electronically via the DocuSignCI process within thirty (30) days. After thirty (30) days
Qwest may rescind its willngness to consider this Letter Agreement's terms and conditions.
7. Please note that Qwest wil file this Letter Agreement with each of the appropriate state
commission for approval; however, some state commissions will not approve the Letter Agreement unti
the CLEC is certified by the state commission. You may want to contact the appropriate state
commission to determine the requisite filing guidelines.
Apnl 25, 2011/swd-ms/Broadvox-CLEC, LLC (Adoption of Neutral Tandem, Inc.) .
(AZ= CDS-110420-0001); (CO= CDS-110420-0002); (IA= CDS-110420-0003); (10= CDS-110420-0004);
(MN= CDS-110420-0005); (MT= CDS-110420-0006); (NO= CDS-110420-0007); (NE= CDS-110420-0008);
(NM= CDS-11 0420-0009); (OR= CDS-110420-001 0); (SO= CDS-11 0420-0011); (UT= CDS-110420-0012);
(WA= CDS-11 0420-0013); (W= CDS-110420-0014) 2
OocuSign Envelope 10: 20FB6B02-DA9B-4C18-81BE-1C2780FAE43E
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Sincerely,
(205E9FC68B057454"'::
J. r tJ~
OocuSigned By: L T Christnsen
L. T. Christensen
Director - Wholesale Contracts
Qwest Corporation
930 15th Street, 6th floor
Denver, Colorado 80202
5/5/2011
Date
i agree to all terms and conditions contained in this letter as indicated by my signature below:
Broadvox~LEC, LLC
(ñDoCUSid byL~~~E~# bu~~) ßi.J
Signature
Alexander E. Gertsburg, Esq.,
Name Printed
corporate Secretary
Title
4/26/2011
Date
April 25. 2011/swd-ms/Broadvox-CLEC, LLC (Adoption of Neutral Tandem, Inc.)
(AZ= CDS-11 0420-0001); (CO= CDS-11 0420-0002); (IA= CDS-11 0420-0003); (IQ= CDS-11 0420-0004);
(MN= CDS-11 0420-0005); (MT= CDS-11 0420-0006); (NO= CDS-11 0420-0007); (NE= CDS-11 0420-0008);
(NM= CDS-11 0420-0009); (OR= CDS-11 0420-001 0); (SO= CDS-11 0420-0011); (UT= CDS-11 0420-0012);(WA= CDS-110420-o013); ~= CDS-110420-0014) 3