20140509Amendment.pdf

CENTURYLINK
1600 7th Avenuc, Room 1506
Seattle, Washington 98191
(206) 73&5178
Facaimile (206) 343-{040
Maura E. Peterson
Paralegal
Regulatory Law
May 8,2014
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Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W est Washington Street
P.O. Box 83720
Boise, Idaho 83720-007 4
Re: Case No.: CEN-T-00-01
Application for Approval of Amendment to Interconnection
Agreement
Dear Ms. Jewell:
Enclosed for filing are an original and three (3) copies of the Application for Approval of
Amendment to Interconnection Agreement between CenturyTel of Idaho, Inc. dba Centurylink
fka CenturyTel of Idaho,Inc., CenturyTel of the Gem State, Inc. dba CenturyLink fka
CenturyTel of the Gem State - Idaho, Inc. (collectively "Centurylink") and Sprint Spectrum
L.P. as agent and General Partner for WirelessCo, L.P., jointly dba Sprint PCS. 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.
Maura E.
MEP/jga
Enclosurecc: Mike Bray
Sinct/
I
Lisa A. Anderl (WSBA#13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile : (206) 3 43 -4040
lisa. anderl@centurylink. com
APPLICATION OF CENTURYTEL OF
IDAHO, INC. d/b/a CENTURYLINK flkla
CENTURYTEL OF IDAHO,INC. AND
CENTURYTEL OF THE GEM STATE,
INC. d/b/a CENTURYLINK flkla
CENTURYTEL OF THE GEM STATE _
IDAHO, rNC. FOR APPROVAL OF AN
AMENDMENT TO INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C.
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CASE CEN-T-00-01
APPLICATION FOR APPROVAL OF
AMENDMENT TO INTERCOIYNECTION
AGREEMENT
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CenturyTel of Idaho, lnc. dlbla CenturyLink f/k/a CenturyTel of Idaho, Inc. and
CenturyTel of the Gem State, Inc. dlbla Centurylink f/k/a CenturyTel of the Gem State - Idaho,
Inc. ("Centurylink") hereby file this Application for Approval of Amendment to Interconnection
Agreement ("Amendment") which was approved by the Idaho Public Utilities Commission on
July 18, 2000, Order No. 28448 (the "Agreement"). The Amendment with Sprint Spectrum LP
("Sprint Spectrum") is submitted herewith.
This Amendment 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").
APPLTCETIoN FoR AppnOvAI On AvrgNouplll To INTSRcoNNECTIoN AGREEMENT
SpnrNr SppctRuu, LP Page I
Section 252(e)(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portion(s) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
Centurylink respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the Commission approve this Amendment expeditiously.
This Amendment 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 Amendment will enable Sprint
Spectrum to interconnect with Centurylink facilities and to provide customers with increased
choices among local telecommunications services.
CenturyLink further requests that the Commission approve this Amendment without a
hearing. Because this Amendment was reached through voluntary negotiations, it does not raise
issues requiring a hearing and does not concem other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this day of May,2014.
Lisa A. Anderl
Attorney for CenturyTel of Idaho, Inc. dba
CenturyLink and CenturyTel of The Gem State, Inc.
dba CenturyLink
APPITCATION FoR AppROvEL OF AMENDMENT To INTERCoNNECTIoN AcRnBrragNr
SpRwr SpecrRuu, LP
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Page2
CERTIf,'ICATE OX' SERVICE
I hereby certify that on this 8m day of May,2Ol4,I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
47 2 W est Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
i i ewell(Eouc. state. id.us
Mike Bray
VP - Roaming and Access Planning
Sprint Spectrum LP
12502 Sunrise Valley Dr.
Reston, Virginia 20191
Hand Delivery
U. S. MailX Ovemight Delivery
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
AppIICaTToN FoRAPPRoVAL OF AurNourNr To INTERCoNNECTIoN AoRepN[ENr
SpnTNT SPECTRUM, LP Page 3
DocuSign Envelope lD: A01 BFC7C66F1 -4950-9AC9-AC70CF9COE3E
ICC Bill and Keep Amendment
to the lnterconnection and Reciproca! Compensation Agreement between
CenturyTe! of ldaho, lnc. dlbla Centurylink
CenturyTel of the Gem State, lnc. dlbla CenturyLink
and
Sprint Spectrum L.P.
This Amendment ("Amendment") is to the lnterconnection and Reciprocal Compensation Agreement
between CenturyTel of ldaho, lnc. dlbla CenturyLink f/k/a CenturyTel of ldaho, lnc. and CenturyTel of
the Gem State, lnc. d/b/a CenturyLink tlkla CenturyTel of the Gem State - ldaho, lnc. ("CenturyLink")
and Sprint Spectrum L.P. as agent and General Partner for WirelessCo, 1.P., jointly d/b/a Sprint PCS
("CMRS") (collectively, the "Parties").
RECITALS
WHEREAS, the Parties entered into an lnterconnection Agreement for service in the State of ldaho in
2000 that was approved by the Commission; and
WHEREAS, the Federal Communications Commission in Docket No. 01-92, tn the Matter of Developing
on Unified lntercorrier Compensation Regime, has issued orders that changed the current state of
applicable law with respect to, among other things, requirements surrounding the exchange of traffic
between CMRS providers and LECs ("FCC Orders" or "Orders""); and
WHEREAS, CMRS has requested to amend the Agreement based on the FCC Orders; and
WHEREAS, the Parties agree to amend the Agreement based on the FCC Orders with the terms and
conditions contained herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained in this
Amendment and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
Amendment Terms
The Agreement is hereby amended by adding terms, conditions, and rates as set forth in this
Amendment and Attachment 1, attached hereto and incorporated herein by this reference.
By signature on this Amendment, CMRS has elected to modify existing contract terms in order to
implement the applicable provisions of the above mentioned FCC Orders.
CenturyLink - Sprint
ICC Bill & Keep Amendment - lD
DocuSign Envelope lD: A01 BFCTC-66F1 -4950-9AC9-AC70CF9COE3E
Effective Date
This Amendment shall become effective on the date of Commission approval; however, the Parties
agree to implement the provisions of this Amendment effective July 1, 2012, pursuant to the FCC Order.
Further Amendments
Except as modified herein, the provisions of the Agreement shall remain in fullforce and effect. Except
as provided in the Agreement, this Amendment may not be further amended or altered, and no waiver
of any provision thereof shall be effective, except by written instrument executed by an authorized
representative of both Parties.
Entire Agreement
Other than the publicly filed Agreement and its Amendments, CenturyLink and CMRS have no
agreement or understanding, written or oral, relating to the terms and conditions for interconnection.
The Parties intending to be legally bound have executed this Amendment as of the dates set forth
below, which may be in multiple counterparts, each of which is deemed an original, but all of which shall
constitute one and the same instrument.
Sprint Spectrum L.P. as agent and
General Partner for WirelessCo, 1.P.,
jointly dlbla Sprint PCS
Mike Brav
Name Printed/Typed
VP - Roaming and Access Plannins
Title
4/29/2OL4
Date
CenturyTel of ldaho, lnc. dlbla CenturyLink
CenturyTel of the Gem State, lnc. dlbla CenturyLink
Signature
L. T. Christensen
Name Printed/Typed
Director - Wholesale Contracts
Title
4/30/2OL4
Date
CenturyLink - Sprint
ICC Bill & Keep Amendment - lD
Signature
DocuSign Envelope lD: A01 BFCTC-66F1-4950-9AC9AC70CF9C6E3E
Attachment 1
Notwithstanding anything set forth in the Agreement to the contrary, the following terms and
provisions shall govern the exchange of Non-Access Telecommunications Traffic, as defined in the
Order, between the Parties.
L. General
Bill and Keep shall mean the originating Party has no obligation to pay terminating charges to
the terminating Party.
Non-Access Telecommunications Traffic shall have the meaning set forth in 47 CFR 551.701(b)
that is originated or terminated as wireless traffic by CMRS' end user.
Pursuant to fl1005 of the Order, the Parties agree that this Amendment only applies to calls
that are initiated by or terminated to Sprint in its capacity as a CMRS provider. The re-
origination of a call originated by a non-CMRS provider over a wireless link in the middle of the
call path does not convert a wireline-originated call into a CMRS-originated call for purposes
of reciprocal com pensation.
All other terms not otherwise defined in this Amendment are as defined in the Agreement.
2. lntercarrier Compensation.
1..1.
L,2,
1.3.
7.4.
2.L.Bill and Keep shall apply to the exchange of Non-Access Telecommunications Traffic, solely
when such traffic is originated by the end users of one party and terminates to the end users
of the other Party (i.e., excludes Transit Traffic, which shall continue to be charged at the
same rates in effect prior to this Amendment, irrespective of whether such rate for Transit
Traffic have been expressed in terms of billing elements which are otherwise adjusted for
purposes of terminating compensation, as referred to below, except the Transit Traffic rate
shall no longer include the rate components, if any, that expressly reference the "appropriate
interstate tariff"). This compensation arrangement shall supersede any previous usage-based
terminating charges of:
z.L.L. End Office Switching, Tandem Switching and/or Common Transport charges or
2.L.2. Any "FCC Opt-ln Compensation" or equivalent charges assessed in accordance with
the interim rates previously prescribed pursuant to the Order on Remand and Report
ond Order, FCC 01-131, CC Dockets No. 96-98 and 99-58, adopted April 18, 2001 and
subsequent orders ofthe FCC.
Tandem Management.
2.2.t. When Transit Traffic originated by a rural rate-of-return LEC is routed from such LECs
meet point with the CenturyLink network through a CenturyLink tandem to the Sprint Point of
lnterconnection on the CenturyLink network, and the rate-of-return LEC is not legally
obligated to compensate CenturyLink for the Transit Service provided in transporting the
traffic to Sprint as a result of paragraph 999 of the FCC Order, then Sprint upon notice from
CenturyLink - Sp.rint
ICC Bill & Keep Amendment - lD
2.2.
DocuSign Envelope lD: A01 BFCTC-66F1-4950-9AC9-AC70CF9COE3E
CenturyLink (which notice will be given within a reasonable time after CenturyLink receives
notice from such Rural LEC) will either:
2.2.L.L. Establish direct interconnection with such Rural LEC; or
2.2.L.2 Pay the Transit Charges billed by CenturyLink to Sprint for such traffic, subject
to the payment and billing dispute provisions of the Agreement.
2.2.2 When CenturyLink bills Sprint Transit Charges regarding a rate-of-return ILEC's
originated Transit Traffic under Section 2.2.7 above, Centurylink shall provide
sufficient detail to identify the particular rate-of-return ILEC that originated the traffic,
and the total volume of such traffic for the period of time being billed. CenturyLink
shall cooperate in providing any information requested by Sprint, including but not
limited to call detail records, necessary to verify Transit Traffic bills rendered by
CenturyLink for Rural LEC originating traffic.
3. Reservation of Rights. This amendment shall remain effective as long as the Agreement remains
effective between the Parties. Notwithstanding the foregoing, if as a result of any decision, order or
determination of any judicial or regulatory authority with jurisdiction over the subject matter
hereof, the FCC Orders regarding the bill-and-keep arrangements for Non-Access
Telecommunications Traffic within the scope of 47 C.F.R. 5 51.701(bX2) are reversed, modified or
remanded, then the Parties agree to comply with all requirements of the applicable decision, order
or determination. lf the order vacates or declares void the portion of the FCC's November 18, 2011
order requiring bill-and-keep, then the parties agree that this amendment shall be void and of no
effect prospectively. ln addition, the parties will work cooperatively to implement any rulings of the
court and the FCC with regard to retroactive effect of any such decision, order or determination.
CenturyLink - Sprint
ICC Bill & Keep Amendment - lD