20200519Application.pdf

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CenturyLink*sITdTrrv
Application for Approval of Amendment to Resale Agreement
Dear Ms. Hanian:
Enclosed for filing is an Application for Approval of Amendment to Resale Agreement
along with the Resale Forbearance Amendment to the Resale Agreement between CenturyTel of
the Gem State, Inc. dba CenturyLink; CenturyTel of Idaho,Inc. dba CenturyLink and BullsEye
Telecom, Inc. for the State of Idaho. CenturyLink respectfully requests that this matter be placed
on the Commission Decision Meeting Agenda for expedited approval.
Please contact Maura Reynolds, Regulatory Paralegal, at [phone] should you
have any questions regarding this submission. Thank you for your assistance in this matter.
Sincerely,
May 18,2020
Ms. Diane Haniaru Secretary
Idaho Public Utilities Commission
47 2 W est Washington Street
P.O. Box 83720
Boise, Idaho 837 20-007 4
Diane.hanian@Fuc. idaho. eov
Via Email
1600 7th Avenue, Room 1506
Seattle, Washington 98191
206-733-5236
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Legal Assistant
[e-mail]
Lisa A. Anderl (WSBA#I3236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, Washington 98191
Telephone: [phone]
lisa. [e-mail]
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cASE No.: cGS-r-#*i'
CASE NO.: CEN-r-rffi.|-
APPLICATION FOR APPROVAL OF
AMENDMENT TO RESALE
AGREEMENT
BEFORE THE IDAHO PTTBLIC UTILITIES COMMISSION
ArplrcauoN oF CrurunvTnl oF lo.ttto,
Ixc. onn CpxrunvlIlx Fon AppRov.c,L on
lx AupnoMENT ro IxTnRcoNNECTIoN
Acnrnunxr wITH BullsEYB Trlrcou,
Inc. PunsuAr\rr ro 47 U.S.C. S252(e)
AppLICATIoN roR Appnovel or AN,IBI{DN4ENT To INTrRcomvecrtoN
AcREEMENT BULLSEYE TELECoM, INC. - Page I
CenturyTel of the Gem State dba CenturyLink and CenturyTel of ldaho, Inc. dba
CenturyLink (individually and collectively "CenturyLink") hereby file this Application for
Approval of Amendment to the Resale Agreement. The Resale Agreement was approved by the
Idaho Public Utilities Commission on August7,2018 under OrderNo. 34122 (the
"Agreement"). The Resale Forbearance Amendment to the Resale Agreement ("Amendment")
between CenturyLink and BullsEye Telecom, Inc. ("BullsEye") is submitted herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitation 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").
CenturyLink
1600 76 Ave., Suite 15o6
Sea$le, WA 98191
Telephone: [phone]
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 pafty to this
agrcement; 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 BullsEye 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 18ft day of May,2020.
CENTURYLINK
A. Anderl
Attorney for CenturyTel of the Gem Stater lnc.
dba Centurylink and CenturyTel of ldaho,Inc.
dba Centurylink
AppLICATIoN FoR AppRovAL or AusNouENT To INTERCoNNECTToN
AcREEMEl.rr BuLLsEyr TSLECoM, INC. - Page 2
CenarryLink
1600 76 Ave., Suite 1506
Seasle, WA 98191
Telephone: [phone]
CERTIFICATE OF SERYICE
I hereby certiff that on this l8e day of May ,2020,I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Diane Hanian, Secretary
Idaho Public Utilities Commission
47 2 W est Washington Street
P.O. Box 83720
Boise, Idatro 83720-0074
Diane. Hanian@puc. idaho. eov
Hand Delivery
U. S. Mail
Overnight Delivery
FacsimileXX Email
Thomas F. Tisko, President & CEO
BullsEye Telecom, [nc.
[e-mail]
Hand Delivery
U. S. Mail
Overnight Delivery
FacsimileXX Email
{}dt'l"dqfi,
losie,r(dding/on /
Applrcarrou FoR AppRovAL or AUBNoUENT To INTERCoNNECTIoN
AcneruBNr BULLsEvE TELECoM, INC. - Page 3
CenturyLink
1600 7s Ave., suite 1506
Seattle, WA 98191
Telephone: [phone]'l 4
Resale Forbearance Amendment
to the Resale Agreement between
CenturyTel of the Gem State, lnc. d/b/a CenturyLink;
CenturyTel of ldaho, lnc. d/b/a CenturyLink
and
BullsEye Telecom, lnc.
for the State of ldaho
This Amendment to the Resale Agreement ("Agreement") is entered into by and between
CenturyTel of the Gem State, lnc. d/b/a CenturyLink, CenturyTel of ldaho, lnc. dlbla
CenturyLink ("CenturyLink"), and BullsEye Telecom, lnc. ("CLEC"), in its capacity as a certified
provider of local wireline Telecommunications Service. CenturyLink and CLEC are herein
referred to collectively as the "Parties" and each individually as a'Party".
RECITALS
WHEREAS, the Parties entered into a Resale Agreement ("Agreement") for service in the state
of ldaho which was approved by the Commission on August 22,2018; 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; and
WHEREAS, the Parties agree that the Forbearance Order is a change in Applicable Law that,
pursuant to the terms of the Agreement, may be incorporated through and 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
attachments and Table 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 laq however, the Parties may agree to implement the
provisions of this Amendment upon execution. To accommodate this need, GLEC must
generate, if necessary, an updated CLEC Checklist. The Parties agree that so long as
CenturyLink implements the billing changes and the true-up as set forth below, the GLEC's bills
March 1 2, 2020/nap/Resale Forbearance Amd/BullsEye Telecom/lD
CT Resale Forbearance Amend ment (v .02.27 .2020-1 )
shall be deemed accurate and adjusted without error.
Further Amendments
Except as modified herein, the provisions 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.
BullsEye Telecom, Inc.CenturyTel of the Gem State, lnc. d/b/a
CenturyLink;
CenturyTet of ldaho, lnc. d/b/a
CenturyLink
Thoaar T frrko rcunberh J. Povir*,
Kimberly J. Poviil (Mar 19,2020)Thomas F. Tisko (Mar 19, 2020)
Signature
Thomas F. Tisko
Signature
Kimberlv J. Povirk
Name Printedffyped
President and CEO
Name Printedffyped
Sr. Dir. Bus. Oos Wholesale Sales
Title
Mar 19,2020
Title
Mar 19,2020
Date Date
March 1 2, 2020/nap/Resale Forbearance Amd/BullsEye Telecom/lD
CT Resale Forbearance Amend ment (v .O2.27 .2020-1 \
2
ATTACHMENT,I
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 the
Agreement is 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 any services
for resale pursuant to the applicable terms and conditions of the Agreement. ln
addition, CLEC may make changes in existing resold services, also pursuant to
the applicable terms of the Agreement, until February 2,2020.
b. February 2,2020 to August 2,2022 - After February 2,2020, CLEC cannot
order any services for resale from CenturyLink pursuant to the applicable
provisions of the Agreement. Any Order for new services for resale will be
pursuant solely to the terms of the applicable Tariff for the service including any
ICB agreements entered into under the applicable Tariffs.
i. For any services procured for resale under the terms of the Agreement
("Existing Resale Services") on February 2,2020 or prior, CenturyLink will
continue to provide such Existing Resale Services pursuant to the terms
of the Agreement, including any discounts delineated in Table 1 of the
Agreement.
ii. CLEC cannot make any changes to such Existing Resale Services, as
they will be treated in a "grandfathered" status, with continued receipt or
disconnection of the Existing Resale Services the only options under the
Agreement available to CLEC. lf CLEC issues an order to change such
services, it will be treated as new services for resale and will be provided
solely under the Tariffs, rather than under the Agreement.
iii. CLEC agrees that it will no longer submit any Order for resale services
under the Agreement from CenturyLink after February 2,2020. CLEC
agrees that it is the CLEC's responsibility to ensure that no further Order
for resold services under the Agreement are submitted after February 2,
2020. lf resold services are ordered after February 2,2020 CLEC agrees
that the Agreement is no longer in effect and resold services are being
ordered per the applicable tariff at the full rates in the tariff. CenturyLink
may request CLEC put something in the Remarks section on the LSR
when submitting resold orders after February 2,2020.
1. ln order to ensure compliance with these provisions, the Parties
agree that CenturyLink, on no more than quarterly basis,
CenturyLink may conduct an audit of CLEC's order activity after
February 2,2020, in order to identify any mistaken instances of
attempting to order resold services under the terms of the
Agreement.
2. Should such instances occur, the Parties further agree that
CenturyLink may issue a bill using the effective date of the
changes that the applicable service was originally ordered
March 1 2, 2020/nap/Resale Forbearance Amd/BullsEye Telecom/lD
CT Resale Forbearance Amendment (v.02.27 .2020-1)
3
ATTACHMENT 1
("Resale True-Up Bill') removing the discount for such services
and billing under the Tariffs at full tarffied prices. CLEC agrees
not to contest such Resale True-Up Bills unless such billing is not
consistent with the applicable Tariff.
c. After Augusl2,2022 - The Parties agree that CenturyLink will no longer provide
any Existing Resold Services under the terms of the Agreement after August 2,
2022. CLEC is solely responsible for either disconnecting such Existing Resold
Services prior to August 2, 2022 or ordering them as new services under the
applicable Tariffs.
March 1 2, 2020/nap/Resale Forbearance Amd/Bu I lsEye Telecom/l D
CT Resale Forbeamnce Amend ment (v.02.27 .2O20-1 )
4
Table 1 - Rates
Februarv 2020KEY CODES CanturyTol - ldaho
MRC NRC Resale Elements
tRc NRCAccount Establlrhment Chargc ('A'41
Account Establishment $0.00
Customer Record Search Charges ('A'B)fR.G NRC
$11.67Customer Record Search - Manual
$0.00Customer Record Search - Electronic
Rosale DiscounE (.A 'B)TRG NRC
Resale Discount 15.86%
Usage Flle Charges ('A'B)URC t{Rc
Message Provisioning, per message $0.000581
$0.000000Data Transmission, per message
Media Charqe - per CD (Price reflects shipping via reqular U.S. Mail)$18.00
Otherchargei ('A'B)tRc NRC
Temporary Suspension of Service for Resale - SUSPEND $0.00
Temporary Suspension of Service for Resale - RESTORE $21.00
PIC Change Charge, per change Per Tariff
Operator Assistance / Directory Assistance Branding tcB
UNE Loop, Tag & Lrbel, Relrle Tag & Labol ('A'E)itRc NRC
10005 Tag and Label on a reinstall loop or an existing loop or resale $13.07
tRc NRCDlrectory Servlces ('A rB)
Refer to
Applicable Retail
TarillDirectory - Premium & Privacy Listings
Ad Hoc (Each Additional )Galley $150.00
Directory Listings - (if CLEC not purchasing UNE Loops or Resale Services)$0.00
IIII
III
CenturyTel- ldaho Page 1