20210205Application.pdf

{K CenturyLink*
February 5,2021
Via Email Submission
s e c r e t ary@1t u c. i d a h o. g o v
Ms. Jan Noriyuki, Secretary
Idaho Public Utilities Commission
47 2 W est Washington Street
P.O. Box 83720
Boise, Idaho 83720-007 4
A r-ot I r- olRe: Case Nos.: CEN-T-b.A( and CGS-T-IS-Q4
Application for Approval of Amendment to Resale Agreement
Dear Ms. Noriyuki:
Enclosed for filing is an Application for Approval of Interconnection 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 Spectrotel,
lnc. 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,
'-)ryAqft,
Josie G. Addingfon
Legal Assistant
Attachments
cc: Service List
1500 7th Avenue, Room 1505
Seattle, Washington 98191
206-806-7339
iosie.addington @lu men.com
William E. Hendricks, III (WSB A#297 86)
CenturyLink
902 Wasco Street
Hood River, OR 97031
54r-387-9439
Tre.hendricks@lumen. com
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AcnsrrvmNT [Srncrnotrr, INc.] - Page I
BEFORE THE IDAHO PT'BLIC UTILITIES COMMISSION
CenturyTel of Idaho, Inc. dba CenturyLink and CenturyTel of the Gem State, Lrc. dba
CenturyLink (individually and collectively "CenturyLink") hereby file this Application for
Approval of Amendment to the Resale Agrcement. The Resale Agreement was approved by the
Idaho Public Utilities Commission on July 18, 2013 under OrderNo. 32856 (the "Agreement").
The Resale Forbearance Amendment to the Resale Agreement ("Amendment") between
Centurylink and Specfotel, lnc. ("Spectrotel") 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").
CASE NO.: CEN-T-}3-[4 e,-br
CASE NO.: CGS-r-fii:t4l l-ol
APPLICATION FOR APPROVAL OF
AMENDMENT TO RESALE AGREEMENT
CenturyLink
902 Wasco Street
HoodRiver,OR 97031
541-387-9439
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 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 Spectrotel
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 5ft day of February,ZD2l.
CENTURYLINK
William E. Hendricks, III
Attorney for Qwest Corporation dba
CenturyLink QC
AppuceuoN FoR APPRoVAL OF AMENDMENITO RESALE
AcREEMENT [Srrcrnorm, INc.] - Page 2
CenturyLink
902 Wasco Steet
HoodRiver,OR 97031
541-387-9439
CERTIFICATE OF SERVICE
I hereby certiff that on this 5ft day of February,2)2l,I served the foregoing
APPLICATION FOR APPROVAL OF AMEI\DMENT TO THE RESALE AGREEMENT
upon all parties of record in this matter as follows:
Jan Noriyuki, Secretary
Idaho Public Utilities Commission
Via Email:
[e-mail]. sov
Rebecca H. Sommi
V.P. Carrier Relations
Via Email:
rsommie@ spechotel. com
Josie
AppLrcATIoN roR Appnover or AuBNourNr ro Rgs.ct,s
AcREEMENT [Srrcrnorei,, INc.] - Page 3
CenuryLink
902 Wasco Street
Hood River, OR 97031
541-387-9439
Resale Forbearance Amendment
to the Resale Agreement between
CenturyTelof the Gem State, !nc. d/b/a GenturyLink
GenturyTel of ldaho, lnc. d/b/a CenturyLink
and
Spectrotel, 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. d/b/a
CenturyLink ("CenturyLink"), and Spectrotel, lnc. ('CLEC'), in its capacity as a certified provider
of local wireline Telecommunications Service. CenturyLink and CLEC are herein refened 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 effective on May 20, 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 Orded'),
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, the Parties, each without waiving any rights or arguments it may have with respect
to whether an amendment is required, 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 Article Vlll 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 may agree to implement the
provisions of this Amendment upon execution. To accommodate this need, CLEC must
generate, if necessary, an updated CLEC Checklist. The Parties agree that so long as
March 23, 2O20/kjc/Resale Fo rbearance Amd/Spectrotel/lD
CT Resale Forbearance Amd (v .02.27.2020-1 -negot)
1
CenturyLink implements the billing changes and the true-up as set forth below, the CLEC's bills
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 Pafi 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 Asreement
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 muttiple counterparts, each of which is deemed an original, but all of which shall
constitute one and the same instrument.
Spectrotel, lnc.CenturyTel of the Gem State, Inc.
d/b/a CenturyLink
CenturyTel of ldaho, lnc. d/b/a CenturyLink
Rcbcooa ll. Sommi
Rebecca H. Sommi (Mar 30,2020)J.
Signature
Rebecca H. Sommi
Name Printedffyped
VP of Carrier Relations
Title
Mar 30, 2020
Date
March 23, 2O20/kjdResale Forbearance Amd/Spectrotel/lD
CT Resale Forbearance Amd (v.02.27.2020-1 -negot)
Name Printedffyped
Sr. Dir. Bus. Ops Wholesale Sales
Signature
Kimberly J. Povirk
Title
Mar 31, 2020
Date
2
ATTACHMENT 1
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. CenturyLink will process and complete any orders
received prior to February 2, 2020, so long as those orders do not have a
delivery date of any future date and are asked to be delivered on a normal or
expedited timeframe in the ordinary course of business. Any orders 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 Article Vlll 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.
March 23, 2020/kjc/Resale Forbearance Amd/Spectrotel/lD
CT Resale Forbearance Amd (v.02.27.2020-1 -negot)
3
ATTACHMENT 1
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
("Resale True-Up Bill") removing the discount for such services
and billing under the Tariffs at full tariffed prices. CLEC agrees
not to contest such Resale True-Up Bills unless such billing is not
consistent with the applicable Tariff.
c. After August2,2022 - 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. The Parties are free to mutually agree on conversion
processes that may be implemented, whether under a separate agreement or as
a further amendment to this Agreement.
March 23, 2020/kjc/Resale Forbearance Amd/Spectrotel/lD
CT Resale Forbearance Amd (v .02.27.2020-1 -negot)
4
Table 1 - Rates
KEY CODES February 2020
MRC NRC Resale Elements
nt iltRc NRC
Account Establishment $0.00
MRC NR,C
Customer Record Search - Manual $11.67
Customer Record Search - Electronic $0.00
tRc NRC
Resale Discount 15.86%
MRC NR,C
, per message $0.000581
Data Transmission, per message $0.000000
Media D sh vta lar U.S.$18.00
Other Gharges 'A'B)MRC NRC
Temporary Suspension ot Service for Resale - SUSPEND $0.00
Temporary Suspension ot Service tor Resale - RESTORE $21.00
Plc change charge, per change Per Tariff
operator Assistance i IJirectory Assistance Branding rcB
MRC NRC
r0005 Tag and Label on a reinstall loop or an existing loop or resale $13.07
Directory Services (*A, 'B)uRc NRC
Directory - Premium & Privacy Listings
Refer to
Applicable Retail
Tariff
Ad Hoc (Each Additional ) Galley $1s0.00
Directory Listings - (if CLEC not purchasing UNE Loops or Resale Services)$0.00
CenturyTel- ldaho Page 1