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HomeMy WebLinkAbout20120626Application.pdfCENTURYLINK . 1600 7th Avenue, Room 1506 Seattle, Washington 98191 (206) 733-5178 Facsimile (206) 343-4040 Maura E. Peterson Paralegal Regulatory Law RE C E VT D 2012 JUN 2& AM 9:32 iDAFO UE;L UTLTIES COMMSsIo TM € CenturyLinkTM N Via Overnight delivery 6W Vf June 25, 2012 Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. Application for Approval of Agreement to Adopt Interconnection Agreement I Farmers Mutual Telephone Company Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation d/b/a CenturyLink QC ("CenturyLink") is an original and three (3) copies of the Application for Approval to Adopt the Interconnection Agreement between Project Mutual Telephone Cooperative and Qwest Corporation dlb/a CenturyLink. CenturyLink respectfully requests that this matter be placed on the Commission Decision Meeting Agenda for expedited approval. Please contact me if you have any questions concerning the enclosed. Thank you for your assistance in this matter. Si erely, Maura E. Pete on / mep Enclosure cc: Service list 0 www.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@centurylink.com 2012 JUN 26 M1IO:36 t- BLI T OMM : f BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST d/b/a CENTURYLINK FOR APPROVAL OF THE ADOPTION OF THE PROJECT MUTUAL TELEPHONE COOPERATIVE ASSOCIATION, INC. INTERCONNECTION AGREEMENT (APPROVED BY THE COMMISSION ON NOVEMBER 23,2005 IN DOCKET NO. QWE-T-05-21 FOR THE STATE OF IDAHO PURSUANT TO 47 U.S.C. §252(e) CASE NO.: APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT INTERCONNECTION AGREEMENT Qwest Corporation dlb/a CenturyLink ("CenturyLink") hereby files this Application for Approval of Interconnection Agreement ("Agreement"). The Letter Agreement with Farmers Mutual Telephone Company ("CLEC") 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 portion(s) 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. 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 INTERCONNECTION AGREEMENT- FARMERS MUTUAL TELEHPONE COMPANY Page 1 • Federal Communications Commission. Expeditious approval of this Agreement will enable Farmers 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 hearing. 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 party to the negotiations. Expeditious approval would further the public interest. Respectfully submitted this day of June, 2012. CENTUR p I Lisa A Ai14e, Ittomey for Century . . APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT INTERCONNECTION AGREEMENT- FARMERS MUTUAL TELEHPONE COMPANY Page 2 CERTIFICATE OF SERVICE I hereby certify that on this 1' day of June, 2012, I served the foregoing APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT INTERCONNECTION AGREEMENT upon all parties 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@puc.state.id.us Hand Delivery U. S. Mail _X_ Overnight Delivery Facsimile Email Farmers Mutual Telephone Company Daniel E. Greig, General Manager Lisa Campbell, Business Office Manager 319 SW 3rd Street, Box 1030 Fruitland, Idaho 83619 Hand Delivery U. S. Mail Overnight Delivery Facsimile Email [I Leslie Johnson, Legal Assistant . APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT INTERCONNECTION AGREEMENT- FARMERS MUTUAL TELEHPONE COMPANY Page 3 DocuSign Envelope ID: 5BC9A252-050C-4329-81 73-A79A78B8391 B . CenturyUnk - VAO Suonqer Connected May 29, 2012 Daniel E. Greig General Manager Farmers Mutual Telephone Company 319 SW 3rd Street, Box 1030 Fruitland, Idaho 83619 Mr. Greig: CenturyLink has received your request that, under Section 252(i) of the Telecommunications Act of 1996, Farmers Mutual Telephone Company ("CLEC") wishes to adopt in its entirety, the terms of the Wireline Interconnection Agreement and any associated amendments, if applicable, (the "Underlying Agreement") between Project Mutual Telephone Cooperative Association, Inc. (Agreement No. CDS-0501 18-0015) and Qwest Corporation dba CenturyLink QC ("CenturyLink"), that was approved by the Commission on November 23, 2005, as an effective Agreement in the State of Idaho. CLEC is incorporated in the State of Idaho. We understand you have a complete copy of the Underlying Agreement. By their respective signatures below, CenturyLink 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 Agreement 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 Agreement CLEC is adopting, this Agreement shall expire on the same date as the Underlying Agreement - April 1, 2014. 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, CenturyLink 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 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 Agreement for interconnection with CenturyLink and in applying the terms and conditions, agrees that Farmers Mutual Telephone Company be substituted in place of "Project Mutual Telephone Cooperative Association, Inc." throughout the Underlying Agreement wherever the latter appears. 4.CenturyLink requests that notice as may be required under the Underlying Agreement shall be provided as follows: CenturvLink: Director - Interconnection Agreements 930 15th Street, 6th Floor Denver, CO 80202 Phone: 303-672-2879 Email: intagree(centurylink.com With copy to: CenturyLink Law Department Wholesale Interconnection 1801 California Street, 9th Floor Denver, CO 80202 Phone: 303-383-6553 Email: Legal. lnterconnectioncenturylink.com May 29, 2012/swd-ms/Farmers Mutual Telephone Company/Idaho Agreement No. CDS-120529-0001 - (Adoption of Project Mutual Telephone Cooperative Association, Inc.) DocuSign Envelope ID: 5BC9A252-050C-4329-31 73-A79A78B8391 B 0 F"i; CenturyLink - VA Stronger Connected CLEC requests that notice to CLEC as may be required under the Underlying Agreement shall be provided as follows: CLEC: Farmers Mutual Telephone Company Daniel E. Greig, General Manager 319 SW 3rd Street, Box 1030 Fruitland, Idaho 83619 Phone: 208-452-3100 Email: dan(fmtccom With copy to: Farmers Mutual Telephone Company Lisa Campbell, Business Office Manager 319 SW 3rd Street, Box 1030 Fruitland, Idaho 83619 Phone: 208-452-2000 Email: liskfmtccom 5.CLEC represents and warrants that it is a certified provider of local telecommunication service in the State of Idaho and that this Agreement will cover services in that state only. 6.Please sign electronically via the DocuSign® process within thirty (30) days. After thirty (30) days CenturyLink may rescind its willingness to consider this Letter Agreement's terms and conditions. 7.Please note that CenturyLink will file this Letter Agreement with the appropriate state commission for approval; however, some state commissions will 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. n Sincerely, 6/1/2012 LDOCuSened By: L I Chnstensenj Qwest Corporation dba CenturyLink QC Date L. T. Christensen Director - Wholesale Contracts 93015 th Street, 6th floor Denver, Colorado 80202 I agree to all terms and conditions contained in this letter as indicated by my signature below: Farmers Mutual Telephone Company L' • ii )FaI fl IA,1,', Signature Daniel E. Greici Name Printed General Manager Title 5/31/2012 Date May 29, 2012/swd-ms/Farmers Mutual Telephone Company/Idaho Agreement No. CDS-120529-0001 - (Adoption of Project Mutual Telephone Cooperative Association, Inc.)