20020614Application.pdf

17933 N.W.Evergreen Pkwy0;¾!0 PUBLIC Ro.sox11ooUTILITIESCOMMISSIONBeaverton,OR 97076June102002
NEW CASE
Ms.Jean D.Jewell
Idaho Public Utilities Commission
472 W.Washington ..g 2 /d 7Boise,Idaho 83720
Re:Adoption of Nextel West Corp./Verizon Northwest Inc.Interconnection Agreement by
Pacific Bell Wireless Northwest,LLC d/b/a Cingular Wireless
Dear Ms.Jewell:
Enclosed for filing with the Commission under Section 252(i)of the Telecommunications Act
of 1996 are the original and three copies of Pacific Bell Wireless Northwest,LLC's adoption
of the arbitrated Interconnection Agreementbetween Verizon Northwest Inc.("Verizon")and
Nextel West Corp.("Terms").The enclosure includes an adoption letter signed by both
Verizon Northwest Inc.and Pacific Bell Wireless Northwest,LLC which is self-explanatory,
and which sets forth the manner in which the Terms will be applied in Pacific Bell Wireless
Northwest,LLC'case.
As the enclosed letter explains,Verizon is not voluntarilyentering into the Terms with Pacific
Bell Wireless Northwest,LLC and does not waive any rights and remedies it has concerning
its position as to the illegalityor unreasonableness of the Terms.Verizon contends that
certain provisions of the Terms may be void or unenforceableas a result of the United StatesEighthCircuitcourtofAppealsJulyandOctober,1997 decisions,the Supreme Court of the
United States'decision of January 25,1999 and the remand of the pricing rules to the United
States Eighth Circuit Court of Appeals.Any modification to the underlyingTerms shall
automatically apply to Pacific Bell Wireless Northwest,LLC.Verizon is preserving its legal
positions in every respect as to the Terms in the hands of Pacific Bell Wireless Northwest,
LLC,as well as in the hands of Nextel West Corp.
Ms.Jean D.Jewell
June 10,2002
Page 2
All parties to Cause are being served with a copy of this letter.If they would like a copy of
the adoption agreement,they should contact Renee Willer at 503/645-7909.
Sincerely,
Allan T.Thoms
ice President -Public Policy &External Affairs
c:Jereme Holding-Pacific Bell Wireless Northwest,LLC
Missy Blankenship -Verizon
Interconnection Services Policy &Planning
Wholesale Marketing
2107 Wilson Boulevard
Arlington,VA 22201
Phone [phone]
Fax [phone]
jeffrey.a.masoner@verizon com
May 22,2002
Mr.William H.Brown
Sr.Interconnection Manager
Pacific Bell Wireless Northwest,LLC d/b/a Cingular Wireless
5565 Glenridge Connector Suite 1616
Atlanta,GA 30346
Re:Requested Adoption Under Section 252(i)of the TA96
Dear Mr.Brown:
Verizon Northwest Inc.,f/k/a GTE Northwest Incorporated ("Verizon"),has received
your letter stating that,under Section 252(i)of the TelecommunicationsAct of 1996 (the
"Act"),Pacific Bell Wireless Northwest,LLC d/b/a Cingular Wireless ("Cingular")
wishes to adopt the terms of the Interconnection Agreement between Nextel West Corp.("Nextel")and Verizon that was approved by the Idaho Public Utilities Commission (the
"Commission")as an effective agreement in the State of Idaho,as such agreement exists
on the date hereof after giving effect to operation of law (the "Terms").I understand
Cingular has a copy of the Terms.Please note the followingwith respect to Cingular's
adoption of the Terms.
1.By Cingular's countersignature on this letter,Cingular hereby represents and
agrees to the followingthree points:
(A)Cingular adopts (and agrees to be bound by)the Terms of the
Nextel/Verizon agreement for interconnection as it is in effect on the date
hereof after giving effect to operation of law,and in applying the Terms,
agrees that Cingular shall be substituted in place of Nextel West Corp.and
Nextel in the Terms wherever appropriate.
CINGULAR ID WIRELESS252SINO3l102 R1.DOC l
(B)Notice to Cingular and Verizon as may be required under the Terms shall
be provided as follows:
To:Pacific Bell Wireless Northwest,LLC
Attention:Senior Interconnection Manager
5565 Glenridge Connector,Suite 1600
Atlanta,GA 30346
Telephone number:404-236-6490
FAX number:404-236-648l
with a copy to:
Pacific Bell Wireless Northwest,LLC
d/b/a Cingular Wireless
Attention:Mr.Carl Nickens,Sr.Counsel
5565 Glenridge Connector Suite 1700
Atlanta,GA 30346
Telephone number:404-236-5544
FAX number:404-236-5574
To Verizon:
Director-Contract Performance &Administration
Verizon Wholesale Markets
600 Hidden Ridge
HQEWMNOTICES
Irving,TX 75038
Telephone Number:972-718-5988
Facsimile Number:972-719-1519
Internet Address:[e-mail]
with a copy to:
Vice President and Associate General Counsel
Verizon Wholesale Markets
1515 N.Court House Road
Suite 500
Arlington,VA 22201
Facsimile:703-351-3664
(C)Cingular represents and warrants that it is a FCC-licensed provider of two-
way service in the State of Idaho,and that its adoption of the Terms will
cover services in the State of Idaho only.
2.Cingular's adoption of the Nextel Terms shall become effective on May 28,2002.
Verizon shall file this adoption letter with the Commission promptly upon receipt
of an original of this letter countersigned by an authorized officer of Cingular.
The term and termination provisions of the Nextel/Verizon agreement shall
CINGULAR ID WIRELESS252SINO31102 Rl.Doc 2
govern Cingular's adoption of the Terms.The adoption of the Terms is currently
scheduled to expire on July 26,2002.
3.As the Terms are being adopted by you pursuant to your statutory rights under
section 252(i),Verizon does not provide the Terms to you as either a voluntaryor
negotiatedagreement.The filing and performance by Verizon of the Terms does
not in any way constitute a waiver by Verizon of any position as to the Terms or a
portion thereof,nor does it constitute a waiver by Verizon of all rights and
remedies it may have to seek review of the Terms,or to seek review in any way of
any provisions included in these Terms as a result of Cingular's 252(i)election.
4.On January 25,1999,the Supreme Court of the United States ("Court")issued its
decision on the appeals of the Eighth Circuit's decision in Iowa Utilities Board.
Specifically,the Supreme Court modified several of the FCC's and the Eighth
Circuit's rulings regarding unbundled network elements and pricing requirements
under the Act.A T&T Corp.v.Iowa Utilities Board,l19 S.Ct.721 (1999).Certain
provisions of the Terms may be void or unenforceable as a result of the Court's
decision of January 25,1999,the United States Eighth Circuit Court of Appeals'
decision in Docket No.96-3321 regarding the FCC's pricing rules,and the current
appeal before the U.S.Supreme Court regarding the FCC's new UNE rules.
Moreover,nothing herein shall be construed as or is intendedto be a concession or
admission by Verizon that any provision in the Terms complies with the rights and
duties imposed by the Act,the decisions of the FCC and the Commissions,the
decisions of the courts,or other law,and Verizon expressly reserves its full right to
assert and pursue claims arising from or related to the Terms.
5.Verizon reserves the right to deny Cingular's adoption and/or ap'plication of the
Terms,in whole or in part,at any time:
(a)when the costs of providing the Terms to Cingular are greater than the
costs of providing them to Nextel;
(b)if the provision of the Terms to Cingular is not technicallyfeasible;and/or
(c)to the extent that Verizon otherwise is not required to make the Terms
available to Cingular under applicable law.
6.For avoidance of doubt,please note that adoption of the Terms will not result in
reciprocal compensation payments for Internet traffic.Verizon has always taken
the position that reciprocal compensation was not due to be paid for Internet
traffic under section 251(b)(5)of the Act.Verizon's position that reciprocal
compensation is not to be paid for Internet traffic was confirmed by the FCC in
the Order on Remand and Report and Order adopted on April 18,2001 ("FCC
Internet Order"),which held that Internet traffic constitutes "information access"
outside the scope of the reciprocal compensation obligations set forth in section
CINGULAR ID WIRELESS252SINO31102 RI.DOC 3
251(b)(5)of the Act.'Accordingly,any compensation to be paid for Internet
traffic will be handled pursuant to the terms of the FCC Internet Order,not
pursuant to adoption of the Terms.2 Moreover,in light of the FCC Internet
Order,even if the Terms include provisions invokingan intercarrier
compensation mèchanism for Internet traffic,any reasonable amount of time
permitted for adopting such provisions has expired under the FCC's rules
implementing section 252(i)of the Act.'In fact,the FCC Internet Order made
clear that carriers may not adopt provisions of an existing interconnection
agreement to the extent that such provisions provide compensation for Internettraffic.4
7.Should Cingular attempt to apply the Terms in a manner that conflicts with
paragraphs 3-6 above,Verizon reserves its rights to seek appropriate legal and/or
equitable relief.
8.In the event that a voluntaryor involuntarypetition has been or is in the future
filed against Cingular under bankruptcy or insolvency laws,or any law relating to
the relief of debtors,readjustment of indebtedness,debtor reorganization or
composition or extension of debt (any such proceeding,an "Insolvency
Proceeding"),then:(i)all rights of Verizon under such laws,including,without
limitation,all rights of Verizon under 11 U.S.C.§366,shall be preserved,and
Cingular's adoption of the Verizon Terms shall in no way impair such rights of
Verizon;and (ii)all rights of Cingular resulting from Cingular's adoption of the
Verizon terms shall be subject to and modified by any Stipulations and Orders
entered in the InsolvencyProceeding,including,without limitation,any
Stipulation or Order providing adequate assurance of payment to Verizon
pursuant to 11 U.S.C.§366.
'Order on Remand and Report and Order,In the Matters of:Implementation of the Local Competition
Provisions in the Telecommunications Act of 1996 and IntercarrierCompensation for ISP-Bound TratTic,
CC Docket No.99-68 (rel.April 27,2001)¶44.
2 For your convenience,an industry letter distributed by Verizon explaining its plans to implement the FCC
Internet Ordercan be viewedat Verizon'sCustomer Support Website at URL www.verizon.com/w e
(select Verizon East Customer Support,Resources,Industry Letters,CLEC).
3 See,e.g,47 C.F.R.Section 51.809(c).
4 FCC Internet Order¶82.
CINGULAR ID WIRELESS252SINO31102 R1.DOC 4
Please arrange for a duly authorized representativeof Cingular to sign this letter in the
space provided below and return it to the undersigned.
Sincerely,
VERIZON NORTHWEST INC.
e .asoner
e resident -Interconnection Services
Reviewed and countersigned as to points A,B,and C of paragraph 1.Cingular's
execution below does not represent Cingular'saffirmation of the positions taken by
Verizon in paragraphs 2 through8:
PACIFIC BELL WIRELESS NORTHWEST,LLC D/B/A CINGULAR WIRELESS
(PRINT NAME)
c:Dina Dye -Verizon
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