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HomeMy WebLinkAbout20130717Third Amended Application.pdfCENTURYLINK 1 600 7th Av8nue, Room 1 506 Seatle, Washington 981 9 1 (206) 733-5178 Facsimile (206) 343-4040 Maura E. Peterson Paralegal Begulatory Law ' I :- i_ 1 l: -.:.-,. 1 ?ii l-1 lt i! I -?j il: .r \]a,ll I J AT4Trrv Centurylink* l=;'i 13; S.1 .i.:. ,|., July 16,2013 Via Overnight delivery Jean D. Jewell, Secretary Idaho Public Utilities Commission 472West Washington Boise,ID 83702-5983 RE: Docket Nos. CEN-T-11-01 and CGS-T-11-01 Dear Ms. Jewell Enclosed for filing with this Commission are original and 3 copies of the Revised Application for Approval of Amendment to the Interconnection Agreement. This Application is revised to include reference to docket no. CGS-T-l l-01 which was inadvertently omitted from the Application submitted for filing on July 11,2013. The original Interconnection Agreement was approved by the Commission on March 4,201L. Thank you for your assistance in this regard. Sincerely,lr.--u I i VV Maura E. MEP/jga Enclosure cc: Service List www.centu rylink.com Lisa A. Anderl (WSBA#13236 ) Centurylink 1600 7th Ave, Room 1506 Seattle, WA 98191 Telephone : (206) 398-2504 Facsimile: (206) 343 -4040 lisa.anderl @ centurylink.com APPLICATION OF CENTURYTEL OF IDAHO AND CENTURYTEL OF THE GEM STATE dtbla CENTURYLINK FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. $2s2(e) BEFORE THE IDAHO PI.JBLIC UTILITIES COMMISSION CASE NO.: CEN-T-I1-01 CASE NO.: CGS-T-11-01 REVISED APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREBMENT CenturyTel of Idaho and CenturyTel of the Gem State d/b/a Centurylink ("Centurylink") hereby files this Application for Approval of Amendment to the Interconnection Agreement ("Amendment") which was approved by the Idaho Public Utilities Commission on March 4, 20ll (the "Agreement"). The Amendment with Verizon Wireless ("Verizon") 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 agreement; or the implementation of such an amendment (or portion) is not consistent with the public interest, convenience and necessity. Centurylink respectfully submits that this Amendment provides no basis for either of these findings and, therefore, requests that the Commission approve this Amendment AMENDED AppLICATTON FoR AppRovAL oF INTERCoNNECTToN AcReervteNr - Verizon Wireless Page I 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 Verizon 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 1 rrfl day of July, 2013. CENTURYLI Lisa A. An Attorney for CenturyTel of Idaho and CenturyTel of the Gem State d/b/a Centurylink AueNoen AppLICATIoN FoR AppRovAL oF INTERCoNNECTToN AcnreueNr - Verizon Wireless Page2 CERTIFICATE OF SERVICE(l^ I hereby certify that on this ( b' day of July, 2013, 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 83720-007 4 ijewell @ puc. state.i d. us Lance Murphy Network Interconnection Verizon Wireless 24242 Northwestern Hwy. Southfield, MI 48075 lance. murph y @ verizonwireless.com Hand Delivery U. S. MailX Overnight Delivery Facsimile Email Hand DeliveryX U. S. Mail Overnight Delivery Facsimile Email to the t ntercon nection and #,"J::i[[op"1nrr,ion Agreement between CenturyLink and Verizon Wireless This Amendment No. 1 ("Amendment") is to the lnterconnection and Reciprocal Compensation Agreement by and between CenturyTel of ldaho, lnc. d/bla CenturyLink and CenturyTel of the Gem State, lnc. d/b/a CenturyLink ("CenturyLink") and Cellco Partnership d/b/aYerizon Wireless, on behalf of itself and its wireless affiliates operating in the State of ldaho from time to time ("Verizon Wireless"). Verizon Wireless and CenturyLink are referenced together as the "Parties". RECITATS WHEREAS, the Parties or their predecessors in interest entered into an lnterconnection and Reciprocal Compensation Agreement for service in the State of ldaho dated December 22,2070, that was approved by the Commission ("Agreement"); and WHEREAS, the Federal Communications Commission ("FCC") adopted a bill and keep compensation methodology for non-access telecommunications traffic exchanged between a LEC and a CMRS Provider in its Report and Order and Further Notice of Proposed Rulemaking in Docket No. 01-92, ln the Motter of Developing on Unified lntercorrier Compensotion Regime, released on November t8,2OLl and its Order on Reconsideration released on December 23,ZAtt (collectively, the "FCC Order"); and WHEREAS, prior to July 1, 2072,Verizon Wireless has requested to amend the Agreement based on the FCC Order; and WHEREAS, the Parties agree to amend the Agreement based on the FCC Order 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, the Parties have elected to modify existing contract terms of the Agreement in order to implement the applicable provisions of the above mentioned FCC Order. Effective Date The Parties agree to implement the provisions of this Amendment effective July t,20L2. Further Amendments Except as modified herein, the provisions of the Agreement shall remain in full force 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 Verizon Wireless 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 Amendment Effective Date, which may be in multiple counterparts, each of which is deemed an original, but all of which shallconstitute one and the same instrument. Cellco Partnership dlbl a Verizon Wireless CenturyTe! of ldaho, lnc. dlbla CenturyLink CenturyTel of the Gem State, lnc. dlbla CenturyLink Walter L. lones L. T. Chri$tensen Name Printed/TypedName Printed/fyped Signature Area Vice President - Network Director - Wholesale Contracts L. 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 FCC Order, between the Parties. General. t.7. "Bill and Keep" shall have the meaning set forth in 47 C.F.R. 5 51.713. L.2. "Non-Access Telecommunications Traffic" shall have the meaning set forth in 47 C.F.R. 5 51.701(b) that is originated or terminated as wireless traffic by Verizon Wireless' end user or end users of other wireless carriers roaming on Verizon Wireless' network. 1.3. Verizon Wireless agrees that it will only route traffic from Verizon Wireless' wireless end users, or end users of other wireless carriers roaming on Verizon Wireless' network, to CenturyLink for termination to CenturyLink end users or as Transit Traffic destined for a third party. CenturyLink agrees that it will only route traffic from its own landline end users, or end users of local exchange carriers or CMRS providers with switches that subtend CenturyLink's Tandem Switch, to Verizon Wireless for termination to Verizon Wireless' own wireless end users. L.4. All other terms not otherwise defined in this Amendment are as defined in the Agreement. lntercarrier Compensation. 2.L. 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, or end users of other wireless carriers roaming on Verizon Wireless' network. The End Office (2B) rate and the 2Allndirect Rate set forth in Attachment 1 shall be S0.00/MOU. 2.2. Notwithstanding anything in this Amendment or in the Agreement to the contrary, Bill and Keep shall not apply to CenturyLink's compensation for Transit Traffic. Transit Traffic service shall be subject to the Transit Rate set forth in Attachment 1 of the Agreement. Tandem Management. 3.1. When Transit Traffic originated by a third party is routed through a CenturyLink Tandem to Verizon Wireless, and the third party is not legally obligated to compensate CenturyLink for the Transit Traffic provided in transporting the traffic to Verizon Wireless as a result of paragraph 999 of the FCC Order, then Verizon Wireless will either: 3.1.1.Establish direct interconnection with such third party; or 3.1.2.Pay the Transit Traffic charges for such traffic at the Transit Traffic rate set forth in the Agreement. 2. 3. 4. Price Sheet Revisions to Attachment 1of the Agreement 5. Reservation of Rights. Notwithstanding anything in this Amendment or in the Agreement to the contrary, and notwithstanding the execution of this Amendment by the Parties, if as a result of any effective and unstayed decision, order, reconsideration or determination of any judicial or regulatory authority with competent jurisdiction, any provisions in the FCC Order regarding the Bill- and-Keep arrangements for Non-Access Telecommunications Traffic are stayed, revised, modified, reversed or remanded, then the Parties agree to comply with all requirements of such applicable effective and unstayed decision, order, reconsideration or determination. CenturyLink ILEC Gompany Nama ocN End Offlce (28) Ralc 2At lndirect Rate Moblle-Land Traffic Ratio lnterMTA Factor Verizon Wreless originated Translt Traffic Rate I nrro-pany originated Transit Traffic Rate (as described in Sectlon 3-11 CenturyLink of ldaho 2225 Bill end Keen Bill and Keep 70/30 1.0o/o 0.00475 0.00475 CenturyLink of the Gem State. lnc.4437 Bill and Keep Bill and Keeo 70t30 1.0o/o 0.00475 0.00475