20220929Application.pdf

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September 29, 2Q?_2.,'r:(: i! iJ i;l L I C
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Via Email Submission
s e cretary@ptu c idaho. gov
Ms. Jan Noriyuki, Secretary
Idaho Public Utilities Commission
11331 W. Chinden Blvd., Bldg. 8, Ste. 201-A
Boise,ID 83714
Re: CaseNo.: (-(rS-r- zz-oSleew-T- 22--o 3
Application for Approval of Amendment to Interconnection Agreement
Dear Ms. Noriyuki
Attached for filing are an Application for Approval of Amendment to lnterconnection
Agreement along with the Resale Forbearance Amendment to the lnterconnection Agreement
between CenturyTel of the Gem State, tnc. dba CenturyLink, CenturyTel of Idaho,Inc. dba
CenturyLink (individually and collectively "CenturyLink") and Metropolitan
Telecommunications of Idaho Inc. dba MetTel for the State of Idaho. CenturyLink respectfully
requests that this matter be placed on the Commission Decision Meeting Agenda for expedited
approval.
Please feel free to contact me with any questions regarding this submission. Thank you
for your assistance in this matter.
Sincerely,
L)ry"bd74,
Josie Addington -
Legal Assistant
Attachments
cc: Service List
'1600 7th Avenue, Floor 15
Seattle, Washington 981 91
206-806-7339
[e-mail]
William E. Hendricks, III (WSBA#29786)
Lumen
902 Wasco Street
Hood River, OR 97031
541-387-9439
Tre.hendricks@lumen. com
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APPLICATION FOR APPROVAL OF
AMENDMENT TO INTERCONNECTION
AGREEMENT
I
BEFORE THE IDAIIO PUBLIC UTILITIES COMMISSION
CenturyTel of the Gem State, lnc. dba CenturyLink and CenturyTel of Idaho, Inc. dba
CenturyLink (individually and collectively, "CenturyLink") hereby file this Application for
Approval of Amendment to the Interconnection Agreement. The Interconnection Agreement
was approved by the Idaho Public Utilities Commission on December 17,2013 under Order
No. 32949 (the "Agreement"). The Resale Forbearance Amendment ("Amendment") between
CenturyLink and Metopolitan Telecommunications of Idaho Inc. dba MetTel ("MetTel") 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
APPIICETIOII FOR APPROVAT OP AIT,TBruNUENT TO INTERCOI.INECTION
AcnssnarNt [umrEr-] - Page 1
portion(s) thereof) discriminates against a telecommunications carrier not a parly 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, ttre United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment will enable MetTel 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 29ft day of September,2Ol2.
CENTT]RYLINK
William E. Hendricks, III
Afforney for CenturyTel of the Gem Stater lnc.
dba CenturyLink and CenturyTel of Idahor lnc.
dba CenturyLink
AppIIceTIoN FoR APPRoVAL oF AMENDMENT To INTERCoNNECTIoN
Acnrsvsxt [urrrrI-] -Page2
CERTINCATE OF SERVICE
I hereby certit, that on this 2996 day of Septerrber,2022,I senred the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCOI\U\ECTION
AGREEMENT upon all parties of record in this matter as follows:
JanNoriyuki, Secretary
Idaho Public Utilities Commission
Andoni Economou, COO MetTel
Metropolitan Telecommunications of Idaho
Inc. dba MetTel
Via Email:
secretary@Fuc. idaho. eov
Via Email:
[e-mail]
Ae)kd/fr
Josie A(dington /
ApplrcnuoN ron Appnovel or Auexoumr ro INTERCoNNECTIoN
AGREEMENT [unrrEl.] -Page 3
Resale Forbearance Amendment
to the lnterconnection Agreement between
CenturyTel of the Gem State, lnc. d/b/a GenturyLink;
CenturyTel of ldaho, lnc. d/b/a GenturyLink
and
Metropolitan Telecommunications of ldaho lnc., d/bla MetTel
for the State ldaho
This is an Amendment ('Amendment") to the lnterconnection Agreement between CenturyTel of
the Gem State, Inc. dlbla CenturyLink; CenturyTel of ldaho, !nc. dlbla CenturyLink
("CenturyLink"), a Colorado corporation, and Metropolitan Telecommunications of ldaho, lnc.,
d/b/a MetTel ("CLEC"). CenturyLink and CLEC shall be known jointly as the "Parties'.
RECITALS
WHEREAS, the Parties entered into an lnterconnection Agreement ('Agreement") for service in
the state of ldaho which was executed on September 9, 2013; and
WHEREAS, on August 2, 2019, the FCC released Order FCC 19-72, a Memorandum Opinion
and Order in WC Docket 18-141 (the "UNE Analog Loop and Resale Forbearance Orde/'),
which became effective upon release (refened to as the "Forbearance Order"); and
WHEREAS, the Parties agree that the Forbearance Order is a change in Applicable Law that,
pursuant to the terms of the Agreement, must be incorporated through an amendment to the
Agreement; and
WHEREAS, in order to implement the terms of the Forbearance Order and consistent with the
terms of the Agreement regarding changes in Applicable Law, the Parties desire to amend the
Agreement further under 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 and conditions for Resale as set forth in
Attachment 1 to this Amendment, attached hereto and incorporated herein by this reference.
Any capitalized terms not defined specifically in this Amendment are as defined in the
Agreement.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission, or by being
permitted to go into effect by operation of law; however, the Parties agree to implement the
provisions of this Amendment upon execution.
Further Amendments
Except as modified herein, the provisions of the Agreement shall remain in full force and effect.
August 29, 2022lnaplResale Forbearance Amd/Negotiated/Metropolitan(L-CT)/lD
CT/EQ Resale Forbearance Amendment (v.09. 1 6.2020)
1
The provisions of this Amendment, including the provisions of this sentence, may not be
amended, modified or supplemented, and waivers or consents to departures from the provisions
of this Amendment may not be given without the written consent thereto by both Parties'
authorized representative. No waiver by any Party of any default, misrepresentation, or breach
of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any
prior or subsequent defiault, misrepresentation, or breach of warranty or covenant hereunder or
affect in any way any rights arising by virtue of any prior or subsequent such occunence.
Entire Aoreement
The Agreement as amended (including the documents referred to herein) constitutes the full
and entire understanding and agreement between the Parties with regard to the subjects of the
Agreement as amended and supersedes any prior understandings, agreements, or
representations by or between the Parties, written or oral, to the extent they relate in any way to
the subjects of the Agreement as amended.
The Parties intending to be legally bound have executed this Amendment as of the dates set
forth below, in multiple counterparts, each of which is deemed an original, but all of which shall
constitute one and the same instrument.
Metropolitan Telecommunications of
ldaho, lnc. d/bla MetTel CenturyTel of the Gem State, lnc. d/b/a
CenturyLlnk; GenturyTel of ldaho, lnc.
d/b/a CenturyLlnk
KmbcrlvL Povirf
Kimberly J P6virk (Aug31, 2022 l4:O8CDT)
*2o** ecaa,aaa*
Andoni Econorcu {Aue 3t, 2022 14:51 EDT)
Signature
Andoni Economou
Signature
Kimberlv J. Povirk
Name Printed/Typed
COO MetTel
Name Printed/Typed
Sr. Dir. Bus. Oos Sales
Title
Aug 31 ,2022
Title
Aug 31 ,2022
Date Date
August 29, 2022lnaplResale Forbearance Amd/Negotiated/Mefopolitan(L-CT)/lD
CT/EQ Resale Forbearance Amendment (v.09. 16.2020)
2
ATTACHMENT 1
1. Resale Provisions - Pursuant to the Forbearance Order, CLEC's ability to order new
services and retain existing services from CenturyLink for resale pursuant to Section 6,
including Directory Listings and Directory Assistance that pertain to Resale, of the
Agreement are altered as follows:
a. Effective Date to February 2, 2020 - During the time period from the Effective
Date of this Amendment until February 2,2020, CLEC may order services for
resale pursuant to the applicable terms and conditions of the Agreement,
including the discounts delineated in Exhibit A of the Agreement ("wholesale
discount"). ln addition, CLEC may make changes in existing resold services,
also pursuant to the applicable terms of the Agreement, until February 2,2020.
b. After February 2, 2O2O to August 2,2022 - After February 2, 2020, any
services CLEC orders for resale from CenturyLink pursuant to the applicable
provisions of the Agreement wil! no longer receive a wholesale discount. Any
orders for such new services for resale are subject to the applicable retail Tariff
rates.
i. For any services procured for resale under the terms of the Agreement
('Existing Resale Services') on February 2,2020 or prior, CenturyLink wil!
continue to provide such Existing Resale Services pursuant to the terms
of the Agreement, including the wholesale discounts until August 2,2022.
ii. For any services procured for resale under the terms of the Agreement
after February 2, 2020, CenturyLink will continue to provide Resale
Services pursuant to the terms of the Agreement, removing the wholesale
discounts.
1. CenturyLink, on no more than quarterly basis, may conduct an
internal review of CLEC's resale order activity in order to
accurately bill new resale services ordered by CLEC after
February 2,2020 under the terms of the Agreement and to which
a wholesale discount was applied by CenturyLink.
2. CenturyLink may issue applicable credits or debits using the
effective date that the new resale service(s) was originally ordered
("Resale True-Up Bill') removing the wholesale discount for such
resale service(s);
3. A Resale True-Up Bill will be issued no more than twelve (12)
months following the effective date that the new resale service(s)
was ordered.
c. After August 2, 2022 - The Parties agree that CenturyLink will continue to
provide new resale services and Existing Resale Services pursuant to the terms
of the Agreement without the application of the wholesale discount.
August 29, 2022lnaplResale Forbearance Amd/Negotiated/Metropolitan/(L-CT/lD
CT/EQ Resale Forbearance Amendment (v.09.16.2020)
3