20040312Confirmation of Interconnection Agreement Substitution.pdf

IDAHO SUPREME COURT IDAHO COURT OF ApPEALS
Clerk of the Courts
[phone] MARCH 11 , 2004
P. O. Box 83720
Boise, Idaho 83720-0101
JEAN JEWELL
COMMISSION SECRETARY
IDAHO PUBLIC UTILITIES
VIA STATEHOUSE MAIL
BOISE ID 83720
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TRANSMITTAL OF DOCUMENT
Docket No (Res)IDAHO TELEPHONE ASSOCIATION
QWEST CORPORATION
DC Docket #
QW-T- 03 - 0130107(App)
The enclosed DOCUMENT relating to the above-entitled case is forwarded
for your information.
NAR/99962 M80 / DB 15:44:24
For the Court:
FREDERICK C LYON
Clerk of the Courts
In the Supreme Court of the State of Idaho
IDAHO TELEPHONE ASSOCIATION
CITIZENS TELECOMMUNICATIONS
COMP ANY OF IDAHO, CENTURYTEL OF
IDAHO, CENTURYTEL OF THE GEM
STATE, POTLATCH TELEPHONE
COMPANY and ILLUMINET, INc.
Complainants-Respondents
QWEST CORPORATION
Respondent-Appellant.
ORDER APPROVING
STIPULATION FOR THE
SUBSTITUTION OF EXHIBIT
205
NO. 30107
A STIPULATION FOR THE SUBSTITUTION OF EXHIBIT 205 with attachment was
filed by the parties March 3, 2004. Therefore, good cause appearing,
IT IS HEREBY ORDERED that the STIPULATION FOR THE SUBSTITUTION OF
EXHIBIT 205 be, and hereby is, APPROVED and the Exhibit 205 previously filed with this
Court January 14, 2004 shall be returned to the Public Utilities Commission and Exhibit 205
which accompanied the Stipulation shall be substituted therefore.
DATED this
jUt day of March 2004.
cc:Counsel of Record
Secretary, Public Utilities Commission
For the Supreme Court
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Mary S, Hobson
Stoel Rives LLP
101 S, Capitol Blvd., Suite 1900
Boise, ID 83702-5958
Telephone: [phone]
Facsimile: [phone]
Attorney for U S WEST Communications , Inc.
Timothy Peters
Legal Department
Electric Lightwave, Inc.
8100 N.E. Parkway Drive, #150
Vancouver, W A 98662
Tele: [phone]
Facsimile: [phone]
Director of Regulatory and Industry Affairs
for Electric Lightwave, Inc.
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOINT APPLICATION OF U S WEST
COMMUNICATIONS, INC., AND ELECTRIC
LIGHTWAVE, INC. FOR APPROVAL OF
LOCAL WlRELINE NETWORK INTER-
CONNECTION AND SERVICE RESALE
AGREEMENT PURSUANT TO 47 V.C. ~252.
CASE NO. f:. T- Or ? - (
USUJ T- 9?-
JOINT APPLICATION OF
V S WEST COMMUNICATIONS, INC. AND ELECTRIC LIGHTWAVE, INC.
FOR APPROVAL OF INTERCONNECTION AND SERVICE RESALE AGREEMENT
Come Now , US WEST Communications, Inc.
, ("
U S WEST") and Electric Lightwave
Inc. ("ELI" or "Interconnector ) and jointly fIle this Application for approval of a Local Wireline
Network Interconnection and Service Resale Agreement Number SEA-970923-1602/C between
JOINT APPLICATION - 1
BOIl-33730.1 29164-0016
EXHIBIT 205
CITIZENS
U S WEST and ELI, dated November 4, 1997 (the "Interconnection Agreement"), providing for
ELI to resell U S WEST local exchange services in Idaho. A copy of said agreement is submitted
herewith,
The Interconnection 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"
Attached hereto as Appendix A to this Application is an Agreement to Adopt Arbitrated
Interconnection Agreement (" Adoption Agreement") which reflects the agreement of the parties
that the Interconnector has selected the terms , conditions , and prices for network interconnection
access to unbundled network elements , provision of ancillary network services , and provision of
retail services available for resale, in the entire Interconnection Agreement between U S WEST
and GST Telecom, Inc., which was approved by this Commission in Order No. 27040 dated July
, 1997, The parties hereto do not seek approval of said Adoption Agreement but wish to make
the Commission aware of its contents and have it included in the record of this case.
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:
(1)the agreement (or portion thereof) discriminates against a
telecommunications carrier not a party to the agreement; or
(2)the implementation of such agreement or portion is not consistent
with the public interest, convenience and necessity.
ELI and U S WEST respectfully submit that the Agreement provides no basis for either
of these fIDdings, and, thus , request that the Commission approve the Agreement expeditiously.
First, the Agreement does not discriminate against any other telecommunications carrier. Second
the 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 the Agreement will enable ELI to enter
JOINT APPLICATION - 2
BOIl-33730, 1 29164-0016
the local exchange market and provide customers with increased choices among local exchange
servIces.
ELI and U S WEST further request that the Commission approve this Agreement without
a hearing. Because this Agreement was reached through voluntary negotiations , and because it
reflects the same terms , conditions and prices as an agreement previously approved by the
Commission, it does not raise issues requiring a hearing and does not concern other parties not
a party to the negotiations. Expeditious approval would further the public interest.
RESPECTFULLY SUBMITTED This 17th day of November, 1997.
Russ Rowe
US WEST Communications, lnc,
1801 California St., #5100
Denver, CO 80202
and
Mary S. Hobson
Sloe! Rives, LLP
Attorneys Representing
U S WEST Communications, Inc,
and
Telephonically approved November 17. 1997
Timothy Peters
Electric Lightwave, lnc,
Director of Regulatory and Industry Affairs
for Electric Lightwave , Inc.
JOINT APPLICATION - 3
BOIl-33730, 1 29164-0016
9.7-
U Sw-I'" 9'1- ~o
Agreement to Adopt Arbitrated Interconnection Agreement
This Agreement to Adopt Arbitrated Interconnection Agreement (the "Adoption
Agreement") is effective as of the 5th day of November, 1997, by and between Electric
Lightwave, Inc., a Delaware corporation
, ("
I nterconnector
) ,
Competitive Local
Exchange Carrier and U S WEST Communications, Inc., a Colorado corporation
USWC") (collectively, "the Parties
Recitals:
. WHEREAS , Interconnector is a Telecommunications Carrier, as defined in the
Telecommunications Act of 1996 (the "Act") , operating or intending to operate within the
State of Idaho (the "Said State ); and
WHEREAS, the Parties desire to establish the terms , conditions , and prices for
network interconnection , access to unbundled network elements, provision of ancillary
network services , and provision of retail services available for resale within the Said
State; and
WHEREAS, the Parties have commenced negotiations for interconnection of
their networks, reciprocal compensation , resale of services, sale of unbundled network
elements , and sale of ancillary network services , pursuant to the Act; and
WHEREAS, the Act has specific requirements for interconnection, network
unbundling, resale of services, and sale of ancillary network services , and the Parties
desire that their arrangements meet those requirements; and
WHEREAS, USWC and GST Telecom, Inc, (the "Other Carrier") have previously
reached an interconnection arrangement in the Said State (the "Interconnection
Agreement"), and the Idaho Public Utilities Commission (the "Commission ) reviewed
and approved the terms and conditions that USWC and the Other Carrier had agreed
upon by its Order No, 27040, dated July 8, 1997 (the "Final Order"); and
WHEREAS, the Parties believe that the Act permits the Interconnector to select
as the terms, conditions, and prices for network interconnection, access to unbundled
network elements, provision of ancillary network services, and provision of retail
services available for resale , the entire arrangement that is effective with another
telecommunications carrier within a particular state; and
WHEREAS, Interconnector desires to 'select the terms , conditions, and prices for
network interconnection, access to unbundled network elements , provision of ancillary
network services, and provision, of retail services available for resale, in the entire
Interconnection Agreement, as approved by the Final Order; and
WHEREAS, ELI filed on June 30, 1997, a complaint in the United States District
Court Western District of Washington at Seattle entitled Electric Lightwave, Inc. v.
US WEST Communications, Inc, (97-1073Z) (Antitrust Litigation).
f)lfJEIVD/'i. A
Nov, 4, 1997/LCM/ADOPTID.doc
SEA-970923-1601/G
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