20140530Amendment.pdf

CENTURYLINK
1500 7th Avenue, Room I 506
Seattle, Washington 98191
(206) 73$51 78
Facsimile (206) 3434040
Maura E. Peterson
Paralegal
Regulatory Law
May 28,2014
REC E IVT I]
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Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W est Washington Steet
P.O. Box 83720
Boise, Idaho 83720-007 4
Re: Case Nos.: CEN-T-10-02 / CGS-T-10-02
Application for Approval of Amendment to
Interconnection Agreement
Dear Ms. Jewell:
Enclosed for filing are an original and three (3) copies of the ICC Bill and Keep Amendment to
the Interconnection and Reciprocal Compensation Agreement between Allied Wireless
Communications Corporation and Centurylink of Idaho d/b/a CenturyLink, CenturyLink of the
Gem State, lnc. dlbla 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 conceming the enclosed. Thank you for your
assistance in this matter.
,,)rt l,
Maura E.
MEP/jga
Enclosure
cc: Service List
Lisa A. Anderl (WSBA#I 3236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone : [phone]
Facsimile: (206) 3 43 -4040
li sa. anderl@centurylink. com
APPLICATION OF CENTURYLINK OF
IDAHO dlbla CENTURYLINK; And
CENTURYLINK OF THE GEM STATE,
INC. d/b/a CENTURYLINK FOR
APPROVAL OF AN AMENDMENT TO
INTERCONNECTION AGREEMENT
PURSUANT To 47 U.S.C. $2s2(e)
REC E
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CASE NOS.: CEN-T-10-02
CGS.T-I-O-02
APPLICATION FOR APPROVAL OF
AMENDMENT TO INTERCOI\NECTION
AGREEMENT
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CenturyLink of Idaho dlblaCentwlink and CenturyLink of the Gem State, lnc. dlbla
CenturyLink hereby file this Application for Approval of Amendment to the Interconnection
Agreement ("Amendment") which was approved by the Idaho Public Utilities Commission on
August 26,2010 (the "Agreement"). The Amendment with Allied Wireless Communication
Corporation ("Allied") 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").
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
APPLICATIoN FoR APPRoVAL oF AMENDMENT To INTERooNNEcToN AGRepvENT
ALLIED Wnplpss CoMMr.rNrcATroNs CoRpoRarroN -Page I
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 Allied 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 concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this 28th day of May,2014.
CENTURYLINK
Lisa A. Anderl
Attorney for Centurylink of Idaho dlbla
Centurylink and CenturyLink of the Gem State,
lnc. dlblaCenturylink
APPLICATIoN FoR APPRoVAL oF AMENDMENT To INTERCo}.INECTIoN AGREEMENT
ALLIED WIRELESS CoUULTNICaTIoNS CoRPoRATIoN _Page2
CERTIFICATE OF SERYICE
*.q.2I hereby certifi that on Us Waay of May, 2Ol4,I served the foregoing
APPLICATION FOR APPROVAL OF'AMENDMENT TO TIIE INTERCOITI\IECTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W est Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
ij [e-mail]
New Cingular Wireless PCS, LLC
Sheila Paananen
Lead Carrier Relations Manager
n2O 2}th Street, NW, Suite 1000
Washington D.C. 20036
Hand Delivery
U. S. Mail
XX Overnight
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
xx
AppLICATToN ron Appnovar, or AupNnMENr ro INTERCot{NEcrroN AGREEMENT
ALLIED WIRELESS CouutxIceTIoNS CoRPoRATIoN -Page 3
Docusign Envelope tD: 37EF847D-F368-49CC-A355-082891 9C065F
ICC Bill and Keep Amendment
to the
lnterconnection and Reciprocal Compensation Agreement
between
AIlied Wireless Communications Corporation
and
GenturyLink of ldaho d/b/a GenturyLink
CenturyLink of the Gem State, Inc. d/b/a GenturyLink
This Amendment ("Amendment") is entered into by CenturyLink of ldaho d/b/a Centurylink
and CenturyLink of the Gem State, lnc. d/b/a CenturyLink and New Cingular Wireless PCS, LLC, and its
Commercial Mobile Radio Service affiliates, d/b/a AT&T Mobility, as successor in interest to Allied
Wireless Communications Corporation ('Allied"), and amends the lnterconnection and Reciprocal
Compensation Agreement between Allied Wireless Communications Corporation and CenturyLink of
ldaho d/b/a CenturyLink and CenturyLink of the Gem State, lnc. d/b/a CenturyLink.
RECITALS
WHEREAS, Allied and CenturyLink of ldaho d/b/a CenturyLink and CenturyLink of the Gem State, lnc.
dibla CenturyLink entered into an lnterconnection and Reciprocal Compensation Agreement for service in
the State of ldaho; and
WHEREAS, in entering into the lnterconnection and Reciprocal Compensation Agreement for service in
the State of ldaho, Allied adopted, pursuanl lo 47 U.S.C. S 252(i), the lnterconnection and Reciprocal
Compensation Agreement between Verizon Wireless and CenturyTel of the Gemstate, lnc., and
CenturyTelof ldaho, lnc.; and
WHEREAS, CenturyLink of ldaho d/bia CenturyLink and CenturyLink of the Gem State, lnc. d/b/a
CenturyLink ("CenturyLink") are the successors in interest to CenturyTel of the Gemstate, lnc., and
CenturyTelof ldaho, lnc. ; and
WHEREAS, New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service affiliates, d/b/a
AT&T Mobility ("CMRS'), are the successors in interest to Allied; and
WHEREAS, the Federal Communications Commission in Docket No. 01-92, ln the Matter of Developing
an Unified lntercanier Compensation Regime, issued an order that changed the cunent state of
applicable law with respect to, among other things, requirements surrounding the exchange of traffic
between CMRS providers and LECs effective December 29,2011 ('FCC Order" or "Order""); and
WHEREAS, CMRS has requested to amend the lnterconnection and Reciprocal Compensation
Agreement based on the FCC Order; and
WHEREAS, the Parties agree to amend the lnterconnection and Reciprocal Compensation Agreement
based on the FCC Order with the terms and conditions contained herein.
Allied Wireless Communications Corporation/CfllCC Bill and Keep Amendment/lD
DocuSign Envelope lD: 37EF847D-F368-49CC-A355-0828919C065F
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 lnterconnection and Reciprocal Compensation Agreement is hereby amended by adding terms,
conditions, and rates as set forth in this Amendment, Aftachment 1, and Table 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 Order.
Effective Date
On December 14,2011, CMRS requested to negotiate changes to its lnterconnection and Reciprocal
Compensation Agreement due to changes in law affecting reciprocal compensation. The Parties agree to
implement the provisions of this Amendment effective July 1,2012.
Further Amendments
Except as modified herein, the provisions of the lnterconnection and Reciprocal Compensation
Agreement shall remain in fullforce and effect. Except as provided in the lnterconnection and Reciprocal
Compensation 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 Aqreement
Other than the lnterconnection and Reciprocal Compensation Agreement and its Amendments,
CenturyLink and CMRS have no agreement or understanding, wriften 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.
New Cingular Wireless PCS, LLC, and its
Commercial Mobile Radio Service affiliates,
d/b/a AT&T Mobility
CenturyLink
Sheila Paananen L T Christensen
Name Printed/Typed
Lead Carrier Relations Mor.
Title
s/L3/20L4
Date Date
Name Printedffyped
Director - Wholesale Contracts
Title
s/L3/20L4
Allied Wireless Communications Corporation/Cl/lCC Bill and Keep Amendment/lD
DocuSign Envelope lD: 37EF847D-F368-49CC-A35S.0828919C065F
Attachment I
Notwithstanding anything set forth in the lnterconnection and Reciprocal Compensation 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.
1, General
'1.1 . Bill and Keep shall mean the originating Party has no obligation to pay terminating charges to
the terminating Party.
1.2. Non-Access Telecommunications Traffic shall have the meaning set forth in 47 CFR S51 .701(b)
that is originated or terminated as wireless traffic by CMRS' end user.
1,3. All other terms not otherwise defined in this Amendment are as defined in the lnterconnection
and Reciprocal Compensation Agreement.
2. lntercarrier Compensation.
2.1 Bill and Keep shall apply to the exchange of Non-Access Telecommunications Traffic, solely
when such traffic terminates to the end users of one of the Parties. This compensation anangement
shall supersede any previous usage-based terminating charges for end office switching or call
termination, tandem switching, and common transport or tandem transmission listed in the
Agreement.
2.2 Notwithstanding anything in this Amendment or in the lnterconnection and Reciprocal
Compensation Agreement to the contrary, Bill and Keep shall not apply to the right of CenturyLink to
be compensated for transit traffic that transits a CenturyLink Tandem. Such transit traffic shall be at
the same rates that existed prior to this Amendment, and any adjustment to reciprocal compensation
rate element(s) that are assessed by a Party for terminating Non-Access Telecommunications Traffic
pursuant to the Order shall not apply for purposes of calculating the rate(s) to be charged by
CenturyLink for providing a transit service.
CMRS agrees that it will only route traffic from its own wireless end user customers (including
wireless traffic of end user customers of CMRS's wireless roaming partners) to CenturyLink for
termination to CenturyLink end user customers or as transit traffic destined for a third party. ln the
event CMRS routes any traffic from third parties to CenturyLink in violation of this paragraph,
CenturyLink shall be entitled to seek injunctive relief and to recover damages, including without
limitation, compensation for such traffic at the rate that is then applicable to intrastate or interstate
access traffic, as appropriate.
The Parties will work together in good faith to add additional points of interconnection if traffic patterns
between the Parties change significantly from those existing as of the date of this Amendment.
5. Tandem Management.
5.1 When transit traffic originated by a third party is routed through a CenturyLink Tandem to
CMRS, and the third party is not legally obligated to compensate CenturyLink for the
transit service provided in transporting the traffic to CMRS as a result of paragraph 999 of
the FCC Order, then CMRS, upon notice from CenturyLink (which notice will be given
within a reasonable time after CenturyLink receives notice from any such third party) will
either:
5.1.1 Establish direct interconnection with such third party; or
3.
4.
Allied Wireless Communications Corporation/CT/lCC Bill and Keep Amendment/lD
DocuSign Envelope tD: 37EF847D-F368-49CC-A355-082891 9C065F
5.1.2 Pay the Transit charges for such traffic.
5.2 Transit service is provided by CenturyLink, as a local and access Tandem Switch provider
to the CMRS to enable the completion of calls originated by or terminated to end users of
another telecommunications carrier which is connected to CenturyLink's Switches.
5.3 Except as may be contemplated by Section 5.1 above, the originating company is
responsible for payment of appropriate rates to the transit company and to the terminating
company. The Parties agree that it is the originating Party's sole responsibility to enter into
traffic exchange agreements with third party telecommunications carriers prior to
delivering traffic to be transited to third party telecommunications carriers. ln the event
one Party originates traffic that transits the second Party's network to reach a third party
telecommunications carrier with whom the originating Party does not have a traffic
exchange agreement, then the originating Party will indemnify, defend and hold harmless
the second Party against any and all charges levied by such third party
telecommunications carrier, to the extent that the originating company is obligated to pay
such charges to the terminating company, including any termination charges related to
such traffic and any attomeys fees and expenses.
Reservation of Rights. Effective July 1, 2012,reciprocal compensation will be bill and keep, but
notwithstanding anything in this Amendment or in the lnterconnection and Reciprocal
Compensation Agreement to the contrary, and notwithstanding the execution of this Amendment
by the Parties, such bill and keep arrangement shall be in all respects subject to the provisions of
any future stay, revision, reconsideration, change or modification of the Order by the FCC or a
court of competent jurisdiction.
While the Parties expressly agree to the terms and provisions of this Amendment, the Parties
disagree regarding certain interconnection obligations and each Party reserves its legal rights
regarding interconnection obligations, and neither Party waives any such rights in future
negotiations or arbitrations.
6.
7.
Allied Wireless Communications CorporationlCf llCC Bill and Keep Amendment/lD
DocuSign Envelope lD: 37EF847D-F368-49CC-A355-082891 9C065F
TABLE 1
Termination - Per Minute of Use
Transit - Per Minute of Use
Transit - Per Minute of Use
Allied Wireless Communications CorporationlC-fllCC Bill and Keep Amendment/lD