20200429Application.pdf

. r o tl
Frontier
COMMUNICATIONS
April29,2O20
Ms. Diane Hanian, Secretary
ldaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, ldaho 83720-0074
RECEIYED
2020 April29,PM12:26
IDAHO PUBLIC
UTILITIES COMMISSION
Contract Management - Carrier SeMces
7979 N. Belt Line Road, SlC74
lMng, D( 75063
www.Frontier.com
cTc-T-20-02
Subiect: Application for Approval of Amendment to Resale Agreements between Frontier
and BullsEye Telecom, lnc.
Dear Ms. Hanian,
Enclosed for filing and approval is a copy of an Amendment to the Resale Agreement between
Citizens Telecommunications Company of ldaho, Frontier Communications Northwest lnc.1
(collectively "Frontief) and BullsEye Telecom, lnc.
The enclosed Amendment is fully negotiated and covers matters related to FCC Forbearance
Orders addressing UNE and Resale services.
Frontier respectfully requests that this matter be placed on the Commission Decision Meeting
Agenda for expedited approval.
Please direct any questions or notifications of action on this filing to Jenny Smith at
916€86-3533 [e-mail] and to Contract Management at
contract. man aoement@ftr. com.
Sincerely,
W
SherriD. Schlabs
! nterconnection Manager
Carrier Services
I On May 28, 2019, Frontier Communications Corporation ("Frontier'), the ultimate parent corporation to the Frontier entity that is a party to
the Agreement, entered into a Purchase Agreement (the "Purchase Agreement') with Northwest Fiber, LLC ('ifWF), whereby Frontier
agrced to transfer its ownership interests in the legal entities operating Frontier's local exchange businesses in ldaho, Montana, Oregon and
Washington to }.I\A/F. Specifically, the entities irrcluded in the Transaction are Citizens Telecommunications Company of ldaho, Citizens
Telecommunications Company of Montana, Citizens Telecommunications Company of Oregon and Frontier Communications Northvvest lnc.
(the "Transft rred Companies").
The closing of the Transaction is qlnen0y expected to occur at approximately the end of the Agnl2020. When the Transaction closes, NWF
affiliates will be the authorized local exchange caniers in ldaho, Montana, Oregon and Washingon. The legal entity providing the Services
will remain the same, with a new name and corporate owner, and will continue to proMde the Services in accordance with the terms of the
Agreement.
AMENDMENT
TO THE
INTERCONNECTION AGREEMENTS
BETWEEN
FRONTIER
AND
BULLSEYE TELECOM,INC.
This Amendment ("Amendment") deemed effective on the later of January 31,2020 or
the agreement effective date (the "Amendment Effective Date') amends each of the
lnterconnection Agreements (each, the "Agreement", collectively, the "lnterconnection
Agreements') by and between each of the Frontier incumbent local exchange carrier ('ILEC')
affiliates (individually and collectively "Frontie/') and each of the BullsEye Telecom, lnc. wireline
competitive local exchange carrier ('CLEC') affiliates, individually and collectively the'Carrief).
Frontier and Carrier may be referred to individually as a "Party" and collectively as the "Parties."
Exhibit A hereto lists, to the best of the Parties knowledge, the Interconnection Agreements in
effect in the states of ldaho and Montana as of the Effective Date. The term 'affiliates,' as used
in this Amendment, shall have the same meaning as under Rule 405 of the Rules promulgated
pursuant to the Securities Act of 1933, as amended. This Amendment covers only the services
addressed in this Amendment that Frontier provides in its operating territory in the states listed in
Exhibit A.
RECITALS
A. Frontier and Carrier, whether as original parties or as a result of Carrier's
adoption of an agreement pursuant to252(i) of the Communications Act of 1934 as amended (the
"Act"), are Parties to an interconnection agreement under Section 251 and 252 of the Act (such
interconnection agreement, as amended to date, being referred to as the'Agreement"); and
B. The FederalCommunications Commission ("FCC") issued its Memorandum
Opinion and Order, WC Docket Nos. 18-141 et al. (rel. Aug. 2, 2019) ('UNE Loop-Resale Orde/)
and Report and Order on Remand and Memorandum Opinion Order, WC Docket Nos. 18-141 et
al. (rel. July 12,2019) ('UNE Transport Forbearance Orde/) (with the UNE Loop-Resale Order
and the UNE Transport Forbearance Order being collectively referred to as the "FCC
Forbearance Orders');
C. The Parties, each without waiving any rights or arguments it may have with
respect to whether an amendment is required to effectuate the FCC Forbearance Orders under
the terms of the Agreement, wish to amend the Agreement as set forth in this Amendment; and
D. The Parties wish to amend the Agreement in accordance with the FCC
Forbearance Orders and agree to do so under the terms and conditions contained in this
Amendment.
AGREEMENT
ln consideration of the mutual promises contained in this Amendment, the receipt and
sufficiency of which the Parties acknowledge, the Parties agree as follows:
FCC UNE and Resale Forbearance Amd 080219 RC
The Agreement is amended to incorporate the terms and conditions set forth in this
Amendment, all of which shall apply to and be a part of the Agreement notwithstanding
any other term or condition of the Agreement or a Frontier tariff.
2. Discontinuance of Wholesale Discount for Resale Services
2.1 As of February 2,2020, Frontier will not provide to Carrier any new
telecommunication service for resale at a wholesale discount.
2.1.1 Resale services ordered by Carrier on or before February 1,2020, are
grandfathered at the wholesale rate in effect on the Amendment
Effective Date for a transition period until the earlier of: (a) August 2,
2022; or (b) the date on which the resold Telecommunications Service
is discontinued by Carrier or is terminated by Frontier for any reason
permitted under the Agreement, a Frontier tariff or applicable law.
Grandparented resale services are available only to the same extent
as available on February 1,2020, including only to the same End User
with the same functionality at the same End User's existing location.
2.1.2 On and afier February 2,2020, Frontier shall charge, and Carrier shall
pay the applicable retail price for all Carrier purchases of
Telecommunications Services, both new and those ordered on or
before February 1, 2020 (if any remain in service). The retail price is
as set forth in Frontie/s then-current applicable tariff or, if there is no
tariff price, the retail price that Frontier charges subscribers which are
not telecommun ications carriers.
3. Discontinuance of UNE Analog Loops
3.1 As of February 2,2020, Carrier shall not order, and Frontier will not provide
unbundled two-wire and four-wire analog voice grade copper loops, including the
attached TDM equipment (referred to individually and collectively as'UNE
Analog Loops').
3.2 UNE Analog Loops ordered by Carrier on or before February 1,2020, are
grandfathered for a transition period until the earlier of: (a) August2,2022; or
(b) the date on which a UNE Analog Loop is converted or disconnected. During
the transition period identified in this Section 3.2 and no later than August 2,
2022, Carrier shall either convert each UNE Analog Loop to an alternate non-
UNE service (e.9., via a Frontier commercial offering or applicable tariff) or order
disconnection of the UNE Analog Loop to be completed no later than August 2,
2022.
3.3 On and after August 3,2022, Frontier may disconnect remaining UNE Analog
Loops of Carrier, if any, and may do so without further notice to Carrier.
For any UNE Analog Loop ordered on or after February 2,2020, and any UNE
Analog Loop not converted or disconnected after August 2,2022, Frontier may
bill (or back-bill, as applicable) Carrier and Carrier shall pay the difference
between the UNE Analog Loop rate and the applicable, higher non-UNE rate.
3.5 For the avoidance of any doubt, the limitations on availability of UNE Analog
Loops set forth in this Amendment apply regardless of whether the UNE Analog
Loop is ordered or used as a stand-alone UNE, in combination with another UNE
3.4
FCC UNE and Resale ForbearanceAmd 080219 RC 2
(e.9., as part of a loop-transport combination), or commingled with a non-UNE
service or other arrangement.
4. Discontinuance of UNE DSI and DS3 Transport Between Certain Wire Centers
4.1 As of January 12,2020, Carrier shall not order and Frontier will not provide
unbundled dedicated DS1 and DS3 capacity transport facilities, whether stand-
alone or as part of a combination (e.9., Enhanced Extended Link), between
Tier 1 wire centers and between wire centers subject to the UNE DS1/DS3
Dedicated Transport forbearance as outlined in the FCC Wireline Competition
Bureau's Public Notice DA 19-733, dated August 't, 2019 (collectively, "UNE
DSI /DS3 Dedicated Transport').
4.2 UNE DS1/DS3 Dedicated Transport ordered by Carrier on or before January 11,
2020, is grandfathered for a transition period until the earlier of: (a) July 12,2022;
or (b) the date on which a UNE DSI or DS3 Dedicated Transport is converted.
During the transition period identified in this Section 4.2 and no later than July 12,
2022, Carrier shall convert each UNE DS1/DS3 Dedicated Transport to another
Frontier service (e.9., Special Access).
4.3 On and after July 13,2022, Frontier may convert any remaining UNE DS1/DS3
Dedicated Transport of Carrier to a SpecialAccess service at month-to-month
rates, terms and conditions. Frontier will charge, and Carrier will pay all
associated recurring and non-recurring charges for the conversion and the
service.
4.4 For any UNE DS1/DS3 Dedicated Transport ordered by Carrier on or after
January 12,2020 and any UNE DS1/DS3 Dedicated Transport not converted by
Carrier on or before July 11 ,2022, Frontier shall bill (or back-bill, as applicable)
Carrier and Carrier shall pay the difference between the UNE DS1/DS3
Dedicated Transport rate and the applicable, higher SpecialAccess rate.
Any future FCC forbearance related to, or other FCC changes to, the Section 251(c)(3)
UNEs offered pursuant to the Agreement shall be effective as of the effective date of the
applicable FCC order and shall not require a written amendment to the Agreement.
Frontier shall provide Notice to Carrier of how the Parties will implement the subsequent
forbearance or rule change, which will include any applicable transition periods, rate
changes, terms and conditions applicable pursuant to the Agreement.
6. Additional Provisions
6.1 Conflict Between this Amendment and the Aoreement. This Amendment shall be
deemed to revise the terms and conditions of the Agreement to the extent
necessary to give effect to the terms and conditions of this Amendment. ln the
event of a conflict between the terms and conditions of this Amendment and the
terms and conditions of the Agreement, this Amendment shall govern; provided,
however, that the fact that a term or condition appears in this Amendment but not
in the Agreement, or in the Agreement but not in this Amendment, shall not be
interpreted as, or deemed grounds for finding, a conflict for purposes of this
Section 6.1.
6.2 Capitalization. Capitalized terms used and not othenrvise defined in this
Amendment have the meanings set forth in the Agreement.
FCC UNE and Resale Forbearance Amd 080219 RC 3
5.
Counteroarts. This Amendment may be executed in one or more counterparts,
each of which when so executed and delivered shall be an original and all of
which together shall constitute one and the same instrument.
Headinos/Caotions. The Parties acknowledge that the headings and captions in
this Amendment have been inserted solely for ease of reference and in no way
define or limit the scope or substance of any term or condition of this
Amendment.
Scooe of Amendment. Except to the extent set forth in this Amendment, the
terms and conditions of the Agreement shall remain in full force and effect after
the Amendment Effective Date. For the avoidance of any doubt, nothing in this
Amendment shall be deemed to amend or extend the term of the Agreement or
to affect the right of a Party to exercise any right of termination it may have under
the Agreement.
Joint Work Product. The Parties acknowledge that this Amendment is the joint
work product of the Parties and that, for convenience, this Amendment has been
drafted in final form by Frontier. Accordingly, in the event of ambiguities in this
Amendment, no inferences shall be drawn for or against either Party on the basis
of authorship of this Amendment.
Amendments. Except as expressly set forth in Section 5 of this Amendment, no
amendments or modifications shall be made to this Amendment unless in writing
and signed by appropriate representatives of the Parties.
Waivers. A failure or delay of either Party to enforce any of the provisions of this
Amendment, or any right or remedy available under this Amendment, or at law or
in equity, or to require performance of any of the provisions of this Amendment,
or to exercise any option that is provided under this Amendment, shall in no way
be construed to be a waiver of such provisions, rights, remedies or options.
ISTGNATURE PAGE FOLLOWSI
6.3
6.4
6.5
6.6
6.7
6.8
FCC UNE and Resale Forbearance Amd 080219 RC 4
Date.
SIGNATURE PAGE
The Partiee have caused this Amendment to be executed as of tre Amcndment Effectiw
BULLSBTE TELECOT, Il{C.FROilNER
ev. 7*M4EX,1L
-r' rlmr.Ml&L@)Ev'M-@
-r' ffiffihE&ldlo
Printed: Thomas F. Tisko Printed: Roderbk Garercn
Ti0e: CEO Titb: VP, CanhrSeMces
Date: Apr28,2020 Date: Apr28,2020
FCC UNE and Reeale Forteanance Ard 121719 RC 5
Exhibit A
lnterconnection Agreements
Frontier
Leoal Entitv
BullsEye
Leoal Entitv
State Effective
Date
Docket Amd
No.
Citizens
Telecommunications
Comoanv of ldaho
BullsEye
Telecom, !nc.
ID 3tz2020 Filed3l19l202O 1
Frontier Communications
Northwest lnc.lkla
Verizon Northwest lnc.
BullsEye
Telecom, lnc.
ID 5t16t2008 vzN-T-08-02 2
Citizens
Telecommunications
Comoanv of Montana
BullsEye
Telecom,lnc.
MT 3t2t2020 Filed311912020 1
FCC UNE and Resale Forbearance Amd 121719 RC 6