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HomeMy WebLinkAbout20120202Application.pdf.CENTURYLINK 1600 7th Avenue, Room 1506 Seattle, Washington 98191 (206) 733-5178Facsimile (206) 343-4040 RECEIVED S~ C t L- k~~~. en ury in ™ 2012 FEB -2 Al1I1: t.5 Maura E. Peterson Paralegal Regulatory Law Via Overnight delivery February 1,2012 . Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. 0 W'Ç-r- I)"-D~ Application for Approval of Agreement to Adopt Granite Telecommunications LLC/Qwest Corporation d//a CenturyLink Interconnection Agreement Spectrotel, Inc. Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation d//a Century Link QC ("Century Link") is an original and three (3) copies of the Spectrotel, Inc. Application for Approval to Adopt the Interconnection Agreement between Granite Telecommunications LLC and Qwest Corporation d//a CenturyLink. CenturyLink respectfully requests that this matter be placed on the Commission Decision Meeting Agenda for expedited approvaL. The adoption letter contains an inadvertent error on the first page of the document, indicating that the Granite Telecommunications Agreement was approved by the Idaho Public Utilities Commission on February 6, 2004 rather than February 26, 2004. The approval date is correctly referenced in the enclosed Application. Please contact me if you have any questions concerning the enclosed. Thank you for your assistance in this matter. . S1M~WA0cL Maura E. Peterson ww.centurylink.com .Lisa A. Anderl (WSBA# 13236) CenturyLink 1600 7th Ave, Room 1506 Seattle, WA 98191 Telephone: (206) 733-5178 Facsimile: (206) 343-4040 lisa.anderl (gcenturylink.com RECEIVED 2011 FEB -2 AMII: 45 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST d//a CENTURYLINK FOR APPROVAL OF THE ADOPTION OF THE GRANITE TELECOMMUNICATIONS LLC INTERCONNECTION AGREEMENT (APPROVED BY THE COMMISSION ON FEBRUARY 26, 2004 IN DOCKET NO. QWE.T.04.03 FOR THE STATE OF IDAHO PURUANT TO 47 U.S.C. §252(e) CASE NO.:Q \I l: - 1 - \ J. -D.3 APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT INTERCONNECTION AGREEMENT . Qwest Corporation d//a CenturyLink ("CenturyLink") hereby fies this Application for Approval of Interconnection Agreement ("Agreement"). The Letter Agreement with Spectrotel, Inc. ("Spectrotel") 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 Commssion may reject an agreement reached through voluntary negotiations only if the Commission 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. CenturyLink 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. APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT INTERCONNCTION AGREEMENT- SPECTROTEL, INC.Page i . . . Federal Communications Commission. Expeditious approval of this Agreement wil enable Spectrotel to interconnect with CenturyLink facilities and to provide customers with increased choices among local telecommunications services. CenturyLink 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 hearng and does not concern other paries who were not party to the negotiations. Expeditious approval would further the public interest. Respectfl! Y submitted this¡daY of Februar. 2012. CENTURYLI APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT INTERCONNCTION AGREEMENT- SPECTROTEL, INC.Page 2 . CERTIFICATE OF SERVICE I hereby certify that on this I ~ day of February, 2012, 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.statejd.us Hand Deli very U. S. Mail _X_ Overnight Delivery Facsimile Email Spectrotel, Inc. Ross Artale, COO 3535 State Highway 66 Neptune, NJ 07753 rarale (g spectrotel.com Hand Delivery _X_ U. S. Mail Overnight Delivery Facsimile Email. Leslie Johnson, Legal Assistant . APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT INTERCONNCTION AGREEMENT- SPECTROTEL, INC.Page 3 OO'óUSign Envelope 10: OC8F1 B98-2A48-4852-8EBB-095C28EA5082 . . . December 20, 2011 Ross Artale Spectrotel, Inc. 3535 State Highway 66 Neptune, NH 07753 Dear Mr. Ross Artale, CenturyLink QC has received your request that, under Section 252(i) of the Telecommunications Act of 1996, Spectrotel, Inc. ("CLEC") wishes to adopt in its entirety, the terms of the Wireline Interconnection Agreements and any associated amendments, if applicable, (the "Underlying Agreement") between Granite Telecommunications, LLC and Qwest Corporation dba CenturyLink QC ("CenturyLink QC") in the states listed below. CLEC is incorporated in the State of Delaware. We understand you have a complete copy of the Underlying Agreements. 5tate Company Agreement Number Commission Approved Arizona Granite Telecommunications LLC C05-040127 -0026 May 3, 2004 Colorado Granite Telecommunications LLC C05-031017-0003 January 1, 2004 Idaho Granite Telecommunications LLC C05-040127 -0030 February 6, 2004 Iowa Granite Telecommunications LLC C05-031202 -0002 January 22, 2004 Minnesota Granite Telecommunications LLC C05-031202-0003 January 13, 2004 Montana Granite Telecommunications LLC C05-031013-0013 February 26, 2004 Nebraska Granite Telecommunications LLC C05-031103-0004 January 13, 2004 New Mexico Granite Telecommunications LLC C05-031230-0001 March 23, 2004 North Dakota Granite Telecommunications LLC C05-040127 -0028 May 6,2004 Oregon Granite Telecommunications LLC C05..031013-0014 January 16, 2004 50uth Dakota Granite Telecommunications LLC C05-031230..0002 February 25, 2004 Utah Granite Telecommunications LLC C05-031230-0003 April 11, 2004 Washington Granite Telecommunications LLC C05-030909-0001 October 29,2003 Wyoming Granite Telecommunications LLC C05-040127 -0029 March 18,2004 By their respective signatures below,CenturyLink QC and CLEC (individually a "Party" or collectively, the "Parties") intend that this letter serves as their agreement ("Letter Agreement") for CLEC to adopt the Underlying Agreements under 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. Pursuant to the Underlying Agreements CLEC is adopting, this Agreement shall expire on the same date as the Underlying Agreement - April 1, 2014. If for some reason the any Commission rejects all or part of the December 20, 2011/swd-kc/Spectrotel, Inc. (Adoption of Granite Telecommunications, LLC.) (AZ= CDS-11121S-0001); (CO= CDS-11121S-Q002); (IA= CDS-11121S-0003); (10= CDS-11121S-0004); (MN= CDS-11121S-000S); (MT= CDS-11121S-Q006); (NO= CDS-11121S-0007); (NE= CDS-11121S-0008); (NM= CDS-11121S-0009); (OR= CDS-11121S-0010); (SO= CDS-11121S-0011); (UT= CDS-11121S-0012); (WA= CDS-11121S-0013); (W= CDS-11121S-0014) OocuSign Envelope 10: OC8F1B98-2A48-4852-8EBB-095C28EA5082 " . 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, CenturyLink QC 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 Agreement. 3. CLEC adopts the terms and conditions of the Underlying Agreements for interconnection with CenturyLink QC and in applying the terms and conditions, agrees that Spectrotel, Inc. be substituted in place of "Granite Telecommunications, LLC" throughout the Underlying Agreements wherever the latter appears. 4. CenturyLink QC requests that notice as may be required under the Underlying Agreement shall be provided as follows: CenturyLink QC Director Interconnection Agreements 930 15th Street, 6th Floor Denver, CO 80202 Phone: 303-672-2879 Email: intagreeúYcenturylink.com With copy to: CenturyLink QC Law Department Wholesale Interconnection 1801 California Street, 9th Floor Denver, CO 80202 Phone: 303-383-6553 Email: Legal.lnterconnectionúYcenturylink.com . CLEe requests that notice to CLEC as may be required under the Underlying Agreement shall be provided as follows: Spectrotel, Inc. Ross Artale, COO 3535 State Highway 66 Neptune, NJ 07753 732-345-7845 rartaleúYspectrotel.com Spectrotel, Inc. Joe Mulln, Product Manager 3535 State Highway 66 . Neptune, NJ 07753 732-788-3817 vendors(§spectrotel.com 5. CLEC represents and warrants that it is a certified provider of local telecommunication service in the States listed and that these Agreements wil cover services in those states only. 6. Please sign electronically via the DocuSign(i process within thirty (30) days. After thirty (30) days CenturyLink QC may rescind its wilingness to consider this Letter Agreement's terms and conditions. 7. Please note that CenturyLink QC wil file this Letter Agreement with the appropriate state commission for approval; however, some state commissions wil not approve the Letter Agreement until the CLEC is certified by the state commission. You may want to contact the appropriate state commission to determine the requisite filing guidelines. December 20, 2011/swd-kc/Spectrotel, Inc. (Adoption of Granite Telecommunications, LLC.) (AZ= CDS-111215-0001); (CO= CDS-111215-0002); (IA= CDS-111215-0003); (10= CDS-111215-0004); (MN= CDS-111215-0005); (MT= CDS-111215-0006); (NO= CDS-111215-Q007); (NE= CDS-111215-0008); (NM= CDS-111215-0009); (OR= COS-111215.0010); (50= CDS-111215-0011); (UT= CDS-111215-0012);rNA= CDS-111215-0013); (WY= CDS-111215-0014) 2 . .. OeøuSign Envelope 10: OC8F1 B98-2A48-4852-8EBB-095C28EA5082 . . . Sincerely, E~aFcæB~~"':J. !:~"7.oL Qwest Corporation dba CenturyLink QC L. T. Christensen Director - Wholesale Contracts 930 15th Street, 6th floor Denver, Colorado 80202 1/5/2012 Date i agree to all terms and conditions contained in this letter as indicated by my signature below: Spectrotel, Inc. 07sZ88ASQ 82888884F8...Signature Ross Artale Name Printed COO Title 12/22/2011 Date December 20, 2011/swd-kc/Spectrotel, Inc. (Adoption of Granite Telecommunications, LLC.) (AZ= CDS-11121S-0001); (CO= CDS-11121S-0002); (IA= CDS-11121S-0003); (10= CDS-11121S-0004); (MN= CDS-11121S-000S); (MT= CDS-11121S-0006); (NO= CDS-11121S-ü07); (NE= CDS-11121S-0008); (NM= CDS-11121S-0009); (OR= CDS-11121S-0010); (SO= CDS-11121S-0011); (UT= CDS-11121S-0012);(WA= CDS-11121S-0013); tN= CDS-11121S-0014) 3