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HomeMy WebLinkAbout20121127Application.pdf0 Lisa A. Anderl (WSBA# 13236) is CenturyLink 1600 7th Ave, Room 1506 Seattle, WA 98191 Telephone: (206) 733-5178 Facsimile: (206) 343-4040 lisa.anderl@centurylink.com BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST dlbla CENTURYLINK QC FOR APPROVAL OF THE ADOPTION OF THE OPTIX MEDIA, LLC INTERCONNECTION AGREEMENT (APPROVED BY THE COMMISSION ON APRIL 5, 2012 IN DOCKET NO. QWE-T-12-04 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 Praxis Limited Co. dba A+ Satellite ("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- Praxis Limited Co. Dba A+ Satellite Page 1 . 0 • 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 kG day of November, 2012. CENTURYLIN Lisa A Anderl, Attorney for CenturyLink . . APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT INTERCONNECTION AGREEMENT- Praxis Limited Co. Dba A+ Satellite Page 2 . . 0 CERTIFICATE OF SERVICE I hereby certify that on this '24o day of November, 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 Hand Delivery Idaho Public Utilities Commission U. S. Mail 472 West Washington Street _X_ Overnight Delivery P.O. Box 83720 Facsimile Boise, Idaho 83720-0074 Email jjeweli@puc.state.id.us PRAXIS LIMITED CO. DBA A+SATELLITE Hand Delivery CALEB HANSEN _X_ U. S. Mail 3163 E. FAIR VIEW AVE #150 Overnight Delivery Meridian, ID 83642 Facsimile Email Leslie Johnson, Legal Assistant APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT INTERCONNECTION AGREEMENT- Praxis Limited Co. Dba A+ Satellite Page 3 S . 0 DocuSign Envelope ID: 5D286E6C-8AD6-480E-9487-C9E88F34B79B October 25, 2012 Praxis Limited Co. dba A+ Satellite Caleb Hansen 3163 E. Fairview Ave #150 Meridian, ID 83642 Dear Caleb Hansen, CenturyLink has received your request that, under Section 252(i) of the Telecommunications Act of 1996, Praxis Limited Co. dba A+ Satellite ("CLEC") wishes to adopt in its entirety, the terms of the Wireline Interconnection Agreement and any associated amendments, if applicable, (the "Underlying Agreement") between Optix Media, LLC (Agreement # CDS-120215-0001) and Qwest Corporation dba CenturyLink QC ("CenturyLink"), that was approved by the Commission on April 5, 2012, 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 5, 2015. 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 Praxis Limited Co. dba A+ Satellite be substituted in place of "Optix Media, LLC" throughout the Underlying Agreement wherever the latter appears. 4.CenturyLink requests that notice as shall be provided as follows: CenturyLink Director Interconnection Agreements 930 15th Street, 6th Floor Denver, CO 80202 Phone: 303-672-2879 Email: intagreecentur-yIink.com may be required under the Underlying Agreement With copy to: CenturyLink Law Department Wholesale Interconnection 1801 California Street, 9th Floor Denver, CO 80202 Phone: 303-383-6553 Email: Legal. I nterconnectioncenturvlink.com October 25, 201 2/swd-kc/Praxis Limited Co. dba A+ Satellite/Idaho (Adoption of Optix Media, LLC) Agreement Number CDS-1 21025-0001 1 DocuSign Envelope ID: 5D286E6C-8AD6-480E-9487-C9E88F34B79B CLEC requests that notice to CLEC as may be required under the Underlying Agreement shall be provided as follows: Praxis Limited Co Caleb Hansen 3163 E. Fairview Ave #150 Meridian, ID 83642 208-321-2534 CaIebSatDelipht.com Praxis Limited Co Blake Summers 3163 E. Fairview Ave #150 Meridian, ID 83642 208-321-2534 Caleb©SatDelight.com 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. Sincerely, 05E9FC68BD57454... '4 r L. T. Christensen Director -Wholesale Contracts Qwest Corporation dba CenturyLink QC 930 15th Street, 6th floor Denver, Colorado 80202 10/31/2012 Date I agree to all terms and conditions contained in this letter as indicated by my signature below: Praxis Limited Co. dba A+ Satellite ç_DocuSIgned by: OR Hq Signature Caleb Hansen Name Printed Co-Owner Title 10/29/2012 Date October 25, 2012/swd-kc/Praxis Limited Co. dba A+ Satellite/Idaho (Adoption of Optix Media, LLC) Agreement Number CDS-121025-0001 2