20140312Amendment.pdf

Cvxrnn A. Meuu-o PLLC : 't '
8385 W Blrnem Srner-r . BotsE, Ionno 83704
[phone] . [e-mail] ?f ir:i'ii::i !3 [i1 i]: *9
March 12,2014
Via Hand Delivery
Jean D. Jewe!!, Secretary
ldaho Public Utilities Commission
472 West Washington
Boise, lD 83702-5983
RE: Application for Approval of Amendment to Negotiated Agreement
Case No.: CUS-T-09-02
Dear Ms. Jewell:
Enclosed for filing with this Commission are an origina! and four (4) copies of
an Application for Approval of Amendment to Negotiated Agreement filed by Custer
Telephone Cooperative, lnc. Please return one conformed copy to me upon filing.
lf you have any questions, please contact me. Thank you for your assistance
in this matter.
Sincerely,
0,"^ny/-l&,
Cynthia A. Melillo
CAM/
cc: Dennis Thornock (via electronic mail)
Enclosures
D oRIGTNAT
Cynthia A. Melillo [ISB No.58le]
CYNTHIAA.MELILLOPLLC n,ii, . i, t.t, !,,';i; f$
8385 W. Emerald Street ;' ' r
Fax: [phone]
Attorneys.for Custer Telephone Cooperative, Inc..
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
l. Custer Telephone Cooperative, Inc. ("Custer"), through its attorney Cynthia A.
Melillo PLLC, hereby files this Application for Approval of Amendment to Negotiated
Agreement.
2. Custer and Alltel Communications, LLC and ID Holding,LLC (collectively,
"ALLTEL") were parties to an interconnection agreement ("Agreement") previously filed with
the Idaho Public Utilities Commission ("Commission") and approved under Order No. 30895.
3. New Cingular Wireless PCS, LLC, dlbla AT&T Mobility ("AT&T Mobility") is
the successor in interest to ALLTEL under the Agreement, and the parties now desire to amend
the Agreement to change the parties and to provide for bill and keep compensation for intraMTA
traffic ("Amendment"). A copy of the Amendment is attached.
APPLICATION FOR APPROVAL OF
AMENDMENT TO NEGOTIATED
AGREEMENT BETWEEN CUSTER
TELEPHONE COOPERATIVE, INC. AND
ALLTEL COMMUNICATIONS, LLC AND
ID HOLDING, LLC
CaseNo.: CUS-T-09-02
Appr,rc.c,rroN FoR Appnovll or
AvrnNovrnNT To Nrcornrnn
AcRrnunNr
APPLICATION FOR APPROVAL OF AMENDMENT TO NEGOTIATED AGREEMENT PAGE I OF 4
4. The Amendment was reached through voluntary negotiations between Custer and
AT&T Mobility and is submitted for Commission review and approval pursuant to Section
252(e) of the Telecommunications Act of 1996.
5. Section 252(e)(2) of the Telecommunications Act of 1996 directs that a state
Commission may reject an agreement reached through voluntary negotiations if the Commission
finds that: the agreement discriminates against a telecommunications carrier not a party to the
agreement; or the implernentation of the agreement is not consistent with the public interest,
convenience and necessity.
6. Custer respectfully submits that the Amendment does not discriminate and is
consistent with the public interest, and, therefore requests that the Commission approve this
Amendment expeditiously.
7. The designated representative of each Party, for purposes of responding to
inquiries in this matter is:
For Custer:
Custer Telephone Cooperative, Inc.
Attn: General Manager
I l0l East Main Avenue
P.O. Box 324
Challis, ID 83226
With copyto:
Cynthia A. Melillo
Cynthia A. Melillo PLLC
8385 W. Emerald Street
Boise,ID 83704
For AT&T Mobilitiy:
AT&T Mobility.
Attn: Contract Manager
1277 Lenox Park Blvd NE, Suite 4A42
Atlanta, GA 30391
APPLICATION FOR APPROVAL OF AMENDMENT TO NEGOTIATED AGREEMENT PAGE 2 OF 4
8. This Amendment does not affect the rights of non-parties and expditious
approval would further the public interest. Therefore, Custer requests that the Commission
approve this Amendment without a hearing.
DATED this 12ft day of March 2014.
Attorneys for Custer Telephone Cooperative, Inc.
APPLICATION FOR APPROVAL OF AMENDMENT TO NEGOTIATED AGREEMENT PAGE 3 OF 4
Crnrrrrclrn oF SrnvrcB
I hereby certiff that on this 12ft day of March 2Ol4,I served a true and correct copy of
the foregoing by delivering it to the following individuals by the method indicated below,
addressed as stated.
Jean Jewell, Secretary
Idaho Public Utilities Commission
47 2 W est Washington Sfreet
P.O. Box 83720
Boise,lD 83720-0074
AT&T Mobility.
Attn: Contract Manager
1277 Lenox Park Blvd NE, Suite 4A42
Atlanta, GA 30391
U.S. Mail
Facsimile
Overnight MailX Hand Delivery
E-mail
X U.S. Mail
Facsimile
Ovemight Mail
Hand Delivery
E-mail
APPLICATION FOR APPROVAL OF AMENDMENT TO NEGOTIATED AGREEMENT PAGE 4 OF 4
Amendment to the lnterconnection Agreement between
Custer Telephone Cooperative, !nc. and
AllTel Communications, LLC and lD Holding, LLC
This is an Amendment ("Amendment") to the lnterconnection Agreement between Custer
Telephone Cooperative, lnc. ("Custef) and AllTel Communications, LLC and lD Holding, LLC
("Alltel"), jointly the "Original Parties."
REC!TALS
WHEREAS, the Original Parties previously entered into an lnterconnection Agreement (the
"Agreemenf'), pursuanllo 47 U.S.C. 2511252; and
WHEREAS, New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service
affiliates, d/b/a AT&T Mobility ('AT&T Mobilitf), is the successor in interest to AllTel
Communications LLC and lD Holding, LLC;
WHEREAS, AT&T Mobility and Custer are the Parties to this amendment, jointly the "Parties";
WHEREAS, the Federal Communications Commission, in an order released November 18,
2011, has provided that bill-and-keep shall be the default compensation arrangement between
the Parties for the exchange of all lntra-MTA traffic, and that this is to be considered a change ol
law (the "Ordef); and
WHEREAS AT&T Mobility elects to apply a bill-and-keep arrangement to all lntra-MTA tralfic
between the Parties; and
WHEREAS, the Agreement contains a "change of laW' provision that authorizes the Parties to
amend the Agreement to comport with a change in law; and
WHEREAS, the Parties desire to amend the Agreement to provide for a bill-and-keep
arrangement, for the exchange of all lntra-MTA traffic between them; and
WHEREAS, the Parties desire to amend the Agreement to substitute AT&T Mobility as the party
in interest for Alltel;
Now THEFIEF'RE, in consider"r,on ,** *"*. and 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
1. AT&T Mobility is substituted as the party in interest for Alltel;
2. From the date ol last signature below, all lntra-MTA traffic between the Parties shall be
exchanged pursuant to a bill-and-keep arrangement, which means that neither Party
shall charge the other for the transport and termination of the other's traffic.
3. This Amendment shall be effective on the date of the last signature below.
4. This Amendment shall remain effec'tive as long as the Agreement remains effective
between the Parties; provided, however, that in the event the Order's provisions
affecting reciprocal compensation are modified pursuant to federal legislative, regulatory
or judicia! decision, order, determination or action, the Parties will renegotiate the terms
and conditions of intercarrier compensation in accordance with such legislative,
regulatory or judicial decision, order, determination or action.
5. The provisions of this Amendment, including the provisions ol this sentence, may not be
amended, modified or supplemented without the written consent thereto by both Parties'
authorized representatives.
6. Except as expressly set forth herein, the terms and conditions of the Agreement shall
remain in fullforce and effect without change.
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
operating atfiliates, d/Ua AT&T Mobility
Cueter Telephone Cooperative, lnc.
By:
(Name)
Title: Sr. Contract Manager
AT&T Mobility
Date: March 5,2014
Tiile:aEo
o^", -z/r r/ zotf