20110920Application.pdf

CENTURYLINK
1600 7th Avenue. Room 1506
Seattle. Washington 98191
[phone]Facsimile [phone]
RECE n ~,. TM
~~* CenturyLinkN
2011 SEP 20 AM 10: 04
Maura E. Peterson
Paralegal
Regulatory Law
NEW CASE
Via Overnight delivery
September 19, 2011
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 the Neutral Tandem, Inc.
Interconnection Agreement
LXI-CLEC, LLC
f)wE -T-t l-I'"
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation d//a CenturyLink
is an original and three (3) copies of the Application for Approval of Amendment to Adopt
the Neutral Tandem, Inc. Interconnection Agreement. 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 t' at
mep
Enclosure
cc: Service list
ww.centurylink.com
Lisa A. Anderl (WSBA# 13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
lisa.anderl Øìcenturylink.com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST d//a
CENTURYLINK FOR APPROVAL OF
THE ADOPTION OF THE NEUTRAL
TANDEM INTERCONNECTION
AGREEMENT (APPROVED BY THE
COMMISSION ON JUNE 21, 2010 IN
DOCKET NO. QWE.T.I0.02 FOR THE
STATE OF IDAHO PURSUANT TO 47
U.S.C. §252(e)
CASE NO.:cQwl:-\ -l \-\'"
APPLICATION FOR APPROVAL OF
AGREEMENT TO ADOPT
INTERCONNECTION AGREEMENT
Qwest Corporation d//a CenturyLink ("CenturyLink") hereby files this Application for
Approval of Interconnection Agreement ("Agreement"). The Letter Agreement with LXI-
CLEC, LLC ("LXI-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
portiones) thereof) discriminates against a telecommunications carer 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
Federal Communications Commission. Expeditious approval of this Agreement wil enable
APPLICATION FOR APPRO V AL OF AGREEMENT TO ADOPT
INTERCONNECTION AGREEMENT-
LXI -CLEC, LLC Page 1
LXI-CLEC 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 paries who were not party to the
negotiations. Expeditious approval would further the public interest.
Respectfully submitted this j i-\ day of September, 2011.
L
APPLICATION FOR APPRO V AL OF AGREEMENT TO ADOPT
INTERCONNECTION AGREEMENT-
LXI-CLEC, LLC Page 2
CERTIFICATE OF SERVICE
I hereby certify that on this lOi -t~ay of September, 2011, I served the foregoing
APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT
INTERCONNECTION AGREEMENT upon all paries 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
¡jewell Øìpuc.state.id.us
Hand Delivery
U. S. Mail
_X_ Overnight Delivery
Facsimile
Email
Nate Bondelid, CEO
LXI-CLEC, LLC
460 Main Avenue S., Suite 10
Twin Falls, ID 83301
Hand Delivery
_X_ U. S. Mail
Overnight Delivery
Facsimile
Email
--
APPLICATION FOR APPRO V AL OF AGREEMENT TO ADOPT
INTERCONNECTION AGREEMENT-
LXI-CLEC, LLC Page 3
.
August 22,2011
Nate Bondelid, CEO
LXI-CLEC, LLC
460 Main Avenue S, Suite 10
Twin Falls, 10 83301
Mr. Bondelid:
We have received your request that, under Section 252(i) of the Telecommunications Act of 1996, LXI-
CLEC, LLC ("CLEC") wishes to adopt in its entirety, the terms of the Wireline Interconnection Agreement
and any associated amendments, if applicable, (the "Underlying Agreement") between Neutral Tandem,
Inc. (Agreement # CDS-1 00316-0001) and Owest Corporation dba CenturyLink OC ("CenturyLink"), that
was approved by the Commission ("Commission") on June 21, 2010, 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. 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 LXI-CLEC, LLC be substituted in place
of "Neutral Tandem, 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:
cetuiyUnk:
Director - Interconnection Agreements
930 15th Steet, 6th Floor
Denver, CO 80202
Phone: [phone]
Fax: [phone]
Email: intagree~centurylink.com
With COPY to:
CenturyLink Law Department
Wholesale Interconnection
1801 California Street, 9th Floor
Denver, CO 80202
Phone: [phone]
Email: Legal.lnterconnection~centurylink.com
"
CLEC requests that notice to CLEC as may be required under the Underlying Agreement shall be
provided as follows:
Nate Bondelid, CEO
LXI-CLEC, LLC
460 Main Avenue S, Suite 10
Twin Falls, ID 83301
Phone: [phone]
Fax: [phone]
Email: nate.bondelid(Çlxi-clec.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 DocuSignCI 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,
L. T. Christensen
Director - Wholesale Contracts
Owest Corporation dba CenturyLink OC
930 15th Street, 6th floor
Denver, Colorado 80202
Date
I agree to all terms and conditions contained in this letter as indicated by my signature below:
LXI-CLEC, LLC
~DOCUSigned by
L~A~~~l
Signature
Nate Bondelid
Name Printed
CEO
Title
8/22/2011
Date