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HomeMy WebLinkAbout20161018Amendment.pdfOctober 17, 2016 Jean Jewell, Secretary PECEIVED 20 I OCT I 8 AM 11 : I 2 [', ' ·, 1-·USLIC . ·1 , · r '1V ','!SSIO, l; ' .. ; I ,1c.,,, Idaho Public Utilities Commission 4 72 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 Re: Case No.: CGS-T-16-01 ~~,~ C L. k ~4 ~~ entury 1n ® Via Overnight delivery Application for Approval of Interconnection Agreement Dear Ms. Jewell: Enclosed for filing are an original and two (2) copies of the Relative Use Factor (RUF) Amendment to the Commercial Mobile Radio Services (CMRS) Interconnection Agreement between CenturyTel of the Gem State, Inc. d/b/a CenturyLink and New Cingular Wireless PCS, LLC and its Commercial Mobile Radio Service Affiliates. 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, ~ill~ Legal Assistant III www.centurylink.com 1600 ih Avenue, Room 1506 Seattle, Washington 98191 206-733-5236 josie.addington@centurylink.com Lisa A. Anderl (WSBA#l3236) Century Link 1600 7th Ave, Room 1506 Seattle, Washington 98191 Telephone: (206) 345-1574 lisa.anderl@centurylink.com REC.:IVED 7.0 I 5 OCT 18 AM 11: I 3 l ,. .·. I Ut?.Lk, I 1~()iMd lSS ION BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF CENTURYTEL OF THE GEM STATE, INC. d/b/a CENTURYLINK FOR APPROVAL OF AN AMENDMENT TO INTERCONNECTION AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC AND ITS COMMERCIAL MOBILE RADIO SERVICE AFFILIATES PURSUANT TO 47 U.S.C. §252(e) CASE NO.: CGS-T-16-01 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 10, 2016 under Order No. 33568 (the "Agreement"). The Relative User Factor (RUF) Amendment to the Commercial Mobile Radio Services (CMRS) Interconnection Agreement ("Amendment") between CenturyLink and New Cingular Wireless PCS, LLC and its Commercial Mobile Rdio Service Affiliates ("New Cingular") 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"). APPLICA TJON FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT NEW CINGULAR PCS, LLC, ETC. -Page 1 Century Link 1600 7m Ave., Suite 1506 Seattle, WA 98191 Telephone: (206) 398-2500 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. 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 New Cingular to interconnect with Century Link facilities and to provide customers with increased choices among local telecommunications services. Century Link 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 ih day of October, 2016. CENTURYLINK Attorney for CenturyTel of the Gem State, Inc. dba Century Link APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT NEW CINGULAR PCS, LLC, ETC. -Page 2 Century Link 1600 7th Ave., Suite 1506 Seattle, WA 98191 Telephone: (206) 398-2500 CERTIFICATE OF SERVICE I hereby certify that on this 1 J1h 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 jjewell@puc.state.id.us David Handal, Carrier Relations Director New Cingular Wireless PCS, LLC (and Its Commercial Mobile Radio Service Affiliates) 1 AT&T Way, Room 4A105 Bedminster, New Jersey 07921 ___ Hand Delivery ___ U.S. Mail XX Overnight Delivery Facsimile --- Email --- ___ Hand Delivery XX U.S. Mail ___ Overnight Delivery Facsimile --- Email --- APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT NEW CINGULAR PCS, LLC, ETC. -Page 3 Century Link 1600 7th Ave., Suite 1506 Seattle, WA 98191 Telephone: (206) 398-2500 DocuSign Envelope ID: CA9F1 D6D-BE76-40C4-AB41-469F850819F1 Relative Use Factor (RUF) Amendment to the Commercial Mobile Radio Services (CMRS) Interconnection Agreement Between CenturyTel of the Gem State, Inc. d/b/a Centurylink, CenturyTel of Idaho, Inc. d/b/a Centurylink And New Cingular Wireless PCS, LLC and its Commercial Mobile Radio Service Affiliates for the State of Idaho This is an Amendment ("Amendment") to the Commercial Mobile Radio Services (CMRS) Interconnection Agreement between CenturyTel of the Gem State, Inc. d/b/a Centurylink, CenturyTel of Idaho, Inc. d/b/a Centurylink (both entities referred to as "Centurylink"), and New Cingular Wireless PCS, LLC and its Commercial Mobile Radio Service Affiliates ("Carrier"). Centurylink and Carrier shall be known jointly as the "Parties". RECITALS WHEREAS, the Parties entered into a Commercial Mobile Radio Services (CMRS) Interconnection Agreement ("Agreement") for service in the state of Idaho which was executed by the Parties on June 8, 2016, and; WHEREAS, 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 the percentage rates for the Relative Use Factor (RUF) as reflected in Attachment 1, to this Amendment, attached hereto and incorporated herein by this reference. 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 may agree to implement the provisions of this Amendment upon execution. Order processing may not begin until all additional or updated information required has been provided by the Carrier and Centurylink systems have been made ready to accept orders and issue bills. September 15, 2016/kjc/New Cingular Wireless RUF Amd/lD 1 DocuSign Envelope ID: CA9F1 D6D-BE76-40C4-AB41-469F850819F1 Further Amendments Except as modified herein, the rates, terms and conditions of the Agreement shall remain in full force and effect. 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 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. New Cingular Wireless PCS, LLC and its Commercial Mobile Radio Service Affiliates ~ DocuSigned by: O~J tkt1J1vU B2FF621ZC40B460 Signature David Handal Name Printed/Typed Carrier Relations Director Title 9/21/2016 Date CenturyTel of the Gem State, Inc. d/b/a CenturyLink CenturyTel of Idaho, Inc. d/b/a CenturyLink ~DocuSigned by: '1).;,-,,e, 7( ff.(/,, 7B88EF8s < 149; t455 ... Signature Diane Roth Name Printed/Typed Director -Wholesale Title 9/21/2016 Date September 15, 2016/kjc/New Cingular Wireless RUF Amd/10 2 DocuSign Envelope ID: CA9F1D6D-BE76-40C4-AB41-469F850819F1 ATIACHMENT 1 ATTACHMENT 1 The following Relative Use Factor is added to the existing Commercial Mobile Radio Service (CMRS) Agreement rate sheet found in Table 1, as follows: 77% M-L 23% L-M September 15, 2016/kjc/New Cingular Wireless RUF Amd/lD 3 NA NA NRC'l@ NA NA