20161004Amendment.pdf

riEt:E-!VED t'\ ,J -~~,~ C L. k
ZOlt OCT -4 PM 12: 33 ~4 ~~ entury 1n ®
October 3, 2016
Jean Jewell, Secretary
Idaho Public Utilities Commission
4 72 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No.: CGS-T-15-03
Via Overnight delivery
..
Application for Approval of lnttr" onnection Agreement
Dear Ms. Jewell:
Enclosed for filing are an original and two (2) copies of the General Partner for
Interconnected VoIP Provider Amendment to the Interconnection Agreement between
CenturyTel of the Gem State, Inc. and Level 3 Communications, LLC for the State ofldaho.
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.
/jga
Enclosure(s)
cc: Service List
Sincerely,
~i~
Legal Assistant III
www.centurylink.com
1600 7'h Avenue, Room 1506
Seattle, Washington 98191
206-733-5236
[e-mail]
I
Lisa A. Anderl (WSBA#l3236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, Washington 98191
Telephone: [phone]
[e-mail]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.: CGS-T-15-03 APPLICATION OF CENTURYTEL OF
THE GEM STATE,INC. DBA
CENTURYLINK FOR APPROVAL OF AN
AMENDMENT TO INTERCONNECTION
AGREEMENT WITH LEVEL 3
COMMUNICATIONS, LLC PURSUANT
TO 47 U.S.C. §252(E)
APPLICATION FOR APPROVAL OF
AMENDMENT TO INTERCONNECTION
AGREEMENT
CenturyTel of the Gem State, Inc. dba Century Link ("Century Link") hereby files this
Application for Approval of Amendment to the Interconnection Agreement. The Interconnection
Agreement was approved by the Idaho Public Utilities Commission on August 21, 2015 under
Order No. 33362 (the "Agreement"). The Carrier Partner for Interconnected VoIP Provider
Amendment to the Traffic Exchange Agreement ("Amendment") between CenturyLink and
Level 3 Communications, LLC ("Level 3 ") 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 INTERCONNECTION
LEVEL 3 COMMUNICATIONS, LLC -Page 1
Century Link
1600 7u. Ave., Suite 1506
Seattle, WA 98191
Telephone: [phone]
agreement; or the implementation of such an amendment ( or portion) is not consistent with the
public interest, convenience and necessity.
Century Link 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 ofldaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment will enable Level 3 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 3rd day of October, 2016.
CENTURYLINK
Attorney for enturyTel of the Gem State, Inc.
dba CenturyLink
APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION
LEVEL 3 COMMUNICATIONS, LLC -Page 2
Century Link
1600 7th Ave., Suite 1506
Seattle, WA 98191
Telephone: [phone]
CERTIFICATE OF SERVICE
I hereby certify that on this 3rd day of October, 2016, 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
4 72 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
j [e-mail]. us
Gary Black< Jr.
VP -Carrier Relations
Level 3 Communications, LLC
1025 Eldorado Boulevard
Broomfield, Colorado 80021
___ Hand Delivery
___ U. S. Mail
XX Overnight Delivery
Facsimile ---Email ---
___ Hand Delivery
XX U.S. Mail
___ Overnight Delivery
Facsimile ---
Email ---
' Jo~navp
APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION
LEVEL 3 COMMUNICATIONS, LLC -Page 3
Century Link
1600 7th Ave., Suite 1506
Seattle, WA 98191
Telephone: [phone]
D~cuSign E~velope ID: 3D5D4~E9-2A69-4B52-Ace3D6E4BD4C5B
Carrier Partner for Interconnected VoIP Provider Amendment
to the Traffic Exchange Agreement between
CenturyTel of the Gem State, Inc. d/b/a Centurylink
CenturyTel of Idaho, Inc. d/b/a Centurylink
and
Level 3 Communications, LLC
for the State of Idaho
This Carrier Partner for Interconnected VoIP Provider Amendment (the "Amendment") is to the
Traffic Exchange Agreement between CenturyTel of the Gem State, Inc. d/b/a Centurylink;
CenturyTel of Idaho, Inc. d/b/a Centurylink ("Centurylink"), and Level 3 Communications, LLC
("CLEC"). Centurylink and CLEC shall be known jointly as the "Parties".
RECITALS
WHEREAS, Centurylink and CLEC entered into a Traffic Exchange Agreement ("Agreement")
for service in the state of Idaho which was executed by the Parties on June 12, 2015, which,
among other terms, required each party to provide for the exchange of Exchange Service
(EAS/Local), lntraLATA LEC Toll, Transit, VolP-PSTN Traffic and Jointly Provided Switched
Access traffic; and
WHEREAS, CLEC wishes to act as a Carrier Partner for an Interconnected VoIP Provider,
which obtains their own number resources pursuant to FCC Report and Order 15-70 ("VoIP
Numbering Order"), released June 22, 2015. CLEC will provide a switch and seeks to combine
CLEC's traffic with Interconnected VoIP Provider's VolP-PSTN Traffic and exchange such traffic
with Centurylink according to the terms of this "Carrier Partner for Interconnected VoIP Provider
Amendment" (the "Carrier Partner Amendment"), subject to limitations and requirements of the
Local Exchange Routing Guide ("LERG") and other applicable requirements, including but not
limited to the Agreement and the Amendment; and
WHEREAS, the Parties have amended the Agreement in response to the Order that the Federal
Communications Commission issued in Docket No. 01-92, In the Matter of Developing a Unified
lntercarrier Compensation Regime, effective December 29, 2011; and
WHEREAS, the Parties wish to amend the Agreement 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 specific terms and conditions under which CLEC
exchanges traffic with Centurylink as set forth in Attachment 1 to this Amendment, attached
hereto and incorporated herein by this reference.
Effective Date
September 7, 2016/kjc/Carrier Partner for Interconnected VoIP Provider Amendment/TEA
Level 3/CT/ID
D~cuSign E~velope ID: 3D5D4AE9-2A69-4B52-Ace3D6E4BD4C5B
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 may agree to implement the
provisions of this Amendment upon execution. To accommodate this need, CLEC must
generate, if necessary, updated customer documentation. In addition, all system updates will
need to be completed by Centurylink. Carrier Partner will be notified when all system changes
have been made. Actual order processing may begin once these requirements have been met.
Further Amendments
Except as modified herein, the provisions of the Agreement shall remain in full force and effect.
The provisions of this Carrier Partner 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 Carrier Partner 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 default, misrepresentation, or breach of
warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or
subsequent such occurrence.
Entire Agreement
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.
Level 3 Communications, LLC
~
DocuSigned by.
~~~-
71 3C985687004C9
Signature
Gary Black
Name Printed/Typed
VP-Carrier Relations
Title
9/28/2016
Date
CenturyTel of the Gem State, Inc. d/b/a
Centurylink
CenturyTel of Idaho,
Centurylink
Signature
Diane Roth
Name Printed/Typed
Director -Wholesale
Title
9/28/2016
Date
Inc. d/b/a
September 7, 2016/kjc/Carrier Partner for Interconnected VoIP Provider Amendment/TEA
Level 3/CT/ID
2
D~cuSign E~velope ID: 3D5D4AE9-2A69-4B52·Ac4lt3D6E4BD4C5B
ATTACHMENT 1
ATTACHMENT 1
The following language is added to the existing language, in the Agreement, in its
entirety:
Terms of Carrier Partner Amendment
1. Pursuant to the terms of this Amendment, CLEC will be exchanging with Centurylink
VolP-PSTN Traffic, Transit and Jointly Provided Switched Access traffic of Interconnected VoIP
Providers on the CLEC's interconnection trunks.
1.1 Prior to CLEC exchanging traffic for an Interconnected VoIP Provider with
Centurylink, CLEC will notify Centurylink and Centurylink will confirm that the
Interconnected VoIP Provider has entered into an "Interconnected VoIP Provider
Numbering Agreement" with Centurylink.
1.2 CLEC will notify Centurylink when CLEC is no longer routing an Interconnected
VoIP Provider's traffic on CLEC's interconnection trunks.
1.3 CLEC will provide such notifications to their Centurylink Customer Account
Manager (CAM).
1.4 CLEC will follow applicable procedures of the LERG and the CLEC Agreement in
order to identify the OCNs and NPA-NXX(s) of the Interconnected VoIP Provider
which will be associated with the CLEC's Switch and routed on the CLEC's
interconnection trunk groups.
1.5 The Interconnected VoIP Provider may use a POI CLLI for code entry in LERG 6
and they must also designate the responsible CLEC Carrier Partner's end office
CLLI as the Actual Switch ID in LERG 7 SHA.
2. CLEC and Centurylink will continue to exchange traffic under the terms of the CLEC
Agreement, including treatment of traffic terminating to Centurylink end users. Solely for purposes
of this Amendment, all traffic originated by parties utilizing facilities and terminating to Centurylink
end users or transiting Centurylink to other providers will be treated as though originated by
CLEC, including but not limited to terminating intercarrier compensation, Transit compensation,
compensation for use of interconnection transport facilities, and establishment of direct trunk
groups.
3. No compensation for transiting traffic will be paid by Centurylink to CLEC for traffic that
Centurylink sends through the CLEC to terminate to Interconnected VoIP Provider. All
Qenturylink end user traffic will be treated as though it was terminated with the CLEC.
4. Interconnected VoIP Provider traffic will be included as the CLEC's responsibility in
accordance with applicable terms of the Agreement.
5. This Amendment does not otherwise modify or supersede the terms and conditions of
any agreement that CLEC may have with Centurylink, including tariff, Interconnection and/or other
agreements.
September 7, 2016/kjc/Carrier Partner for Interconnected VoIP Provider Amendment/TEA
Level 3/CT/ID
3
D~cuSign E~velope ID: 3D5D4AE9-2A69-4B52-Ae3D6E4BD4C5B
ATTACHMENT 1
ATTACHMENT 1
6. This Amendment does not authorize CLEC to bill Centurylink on behalf of
Interconnected VoIP Provider for any charges associated with transit traffic, terminating traffic or
interconnection facilities, including, but not limited to any compensation arrangements contained in
separate agreements or tariffs with Centurylink.
7. CLEC will pass unaltered signaling information (e.g., originating Calling Party Number
and destination called party number, etc.) for the Interconnected VoIP Provider's traffic per 47
Q.F.R. § 64.1601 and industry standards.
8. CLEC agrees that Centurylink may notice CLEC upon Centurylink's temporary
discontinuance of accepting all traffic delivered over CLEC's trunking where Centurylink
experiences from Interconnected VoIP Provider a Denial of Service (DoS) attack or such
Interconnected VoIP Provider traffic otherwise contributes to the degradation of Centurylink's
network or Centurylink's ability to provide service to its customers. CLEC agrees to remove the
inappropriate Interconnected VoIP Provider traffic from its network prior to Centurylink's
subsequent acceptance of CLEC's other traffic. Following any such event, CLEC and Centurylink
agree to work in good faith towards a mutually agreeable outcome that demonstrates CLEC's
ability to prevent future DOS attacks as a potential alternative to Centurylink's right to require
CLEC to establish a separate trunk group for the responsible Interconnected VoIP Provider's
exclusive use for any subsequent Interconnected VoIP Provider traffic.
9. Where CLEC agrees to allow its interconnection trunks with Centurylink to also be used
for the routing of Interconnected VoIP Provider's traffic, CLEC will ensure traffic routed over such
trunks is destined solely to the geographic area served by Centurylink's switch as defined in the
LERG.
10. CLEC agrees that Centurylink will not be responsible to provide 911 services directly to
the Interconnected VoIP Provider and that instead CLEC will be responsible as the Carrier Partner
t~ provide such 911 services in accordance with applicable terms of the Agreement.
11. If CLEC chooses to obtain numbering from NANPA under a different OCN as an
Interconnected VoIP Provider, they must have both a Commercial Interconnected VoIP Provider
Numbering Agreement and this Amendment in order to route their Interconnected VoIP Provider
traffic associated with that OCN on CLEC's interconnection trunks.
12. Definitions
12.1 Carrier Partner is a Certified Local Exchange Carrier (CLEC) that provides the facilities
and trunking that an Interconnected VoIP Provider needs in order to exchange traffic with
Centurylink and demonstrates facilities readiness as described in the VoIP Numbering Order.
12.2 Denial of Service (DoS) is an action that prevents legitimate user(s) from using or being
provided service.
12.3 Interconnected VoIP Provider is an entity that provides interconnected VoIP service, as
that term is defined in 47 CFR §9.3 and that obtains numbering resources as described in the VoIP
Numbering Order.
September 7, 2016/kjc/Carrier Partner for Interconnected VoIP Provider Amendment/TEA
Level 3/CT/ID
4