20130418Amendment.pdf

CenturyLink
1600 7th Avenue, Room 1506
Seattle, Washington 98191
[phone]
Facsimile [phone]
Maura E. Peterson
Paralegal
Regulatory Law
rEc -
TM FA
2013 APR 29 Pu 1: it CenturyLink
JT!L1TS
Via Overnight delivery
April 25, 2013
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. GEM-T-98-1
Revised Application for Approval of Amendment to the Interconnection Agreement
Dear Ms. Jewell:
Attached please find a revised Application for Approval of Amendment to the
Interconnection Agreement in Case No. GEM-T-98-1.
Please contact me if you have any questions concerning the enclosed.
ince rely,
1, "6S aura E. Peter
mep
Enclosure
www.centurylink.com
Lisa A. Anderl (WSBA#13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Lisa.anderlqwest.com
•:T 13 APR :: PH
PU3Lft 'c - . ) .,.) -
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF CENTURYTEL OF
THE GEM STATE, INC. dlb/a
CENTURYLINK FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. §252(e)
CASE NO.: GEM-T-98-1
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
CenturyTel of the Gem State, Inc. dlb/a CenturyLink ("CenturyLink") hereby files this
Application for Approval of Amendment to the Interconnection Agreement ("Amendment")
which was approved by the Idaho Public Utilities Commission on August 26, 1998 (the
"Agreement"). The Amendment with New Cingular Wireless PCS, LLC and its Commercial
Mobile Radio Service affiliates, dlb/a AT&T Mobility, as successor in interest to AT&T
Wireless Services, Inc. ("New Cingular Wireless") 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").
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
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
Communications Commission. Expeditious approval of this Amendment will enable New
Cingular to interconnect with CenturyLmk 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 thisSlay of April, 2013.
CENTURYLINK
Lisa A. Akejr
Attorney for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
CERTIFICATE OF SERVICE
I hereby certify that on this day of April 2013, 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 Hand Delivery
Idaho Public Utilities Commission U. S. Mail
472 West Washington Street X Overnight Delivery
P.O. Box 83720 Facsimile
Boise, Idaho 83720-0074 Email
iiewell(2iuc.state.id.us
William Brown Hand Delivery
New Cingular Wireless PCS, LLC X U.S.Mail
Overnight Delivery
Facsimile
k..
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
ICC Bill and Keep Amendment
to the
IntercOnnection and Reciprocal Compensation Agreement
between
AT&T Wireless Services, Inc.
and
Gem State Utilities Corporation dfb/a PTI Communications
This Amendment ("Amendment9 isentered into by CenturyTel of the Gem State, Inc. d/bla CenturyLink
and New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service affiliates, d/b/a AT&T
Mobility, as successor in interest to AT&T Wireless Services, Inc., and amends the Interconnection and
Reciprocal Compensation Agreement between AT&T Wireless Services, Inc. and Gem State Utilities
Corporation cl/b/a PTI Communications.
RECITALS
1 9
WHEREAS, AT&T Wireless Services, Inc. and Gem State Utilities Corporation d/b/a PTI Communications
entered into an Interconnection and Reciprocal Compensation Agreement for service in the State of
Idaho; and
WHEREAS, CenturyTel of the Gem State, Inc. cl/b/a CenturyLink ("CenturyLink") is the successor in
interest to the Gem State Utilities Corporation d/b/a PTI Communications; and
WHEREAS, New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service affiliates, d/bla
AT&T Mobility ("CMRS"), are the successors In interest to AT&T Wireless Services, Inc.; and
WHEREAS, the Federal Communications Commission in Docket No. 01-92, In the Matter of Developing
an Unified Intercarrier Compensation Regime, issued an order that changed the current state of
applicable law with respect to, among other things, requirements surrounding the exchange of traffic
between CMRS providers and LEGs effective December 29, 2011 ("FCC Order' or "Order"); and
WHEREAS, CMAS has requested to amend the Interconnection and Reciprocal Compensation
Agreement based on the FCC Order; and
WHEREAS, the Parties agree to amend the Interconnection and Reciprocal Compensation Agreement
based on the FCC Order with the terms and conditions contained herein.
I e
AT&T Wireless Services, Inc./CT/ICC Bill and Keep Amendment/ID 1
L
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 Interconnection and Reciprocal Compensation Agreement is hereby amended by adding terms,
conditions, and rates as set forth in this Amendment, Attachment 1, and Table 1, attached hereto and
incorporated herein by this reference.
By signature on this Amendment, CMRS has elected to modify existing contract terms in order to
implement the applicable provisions of the above mentioned FCC Order.
Effective Date
On December 14, 2011, CMRS requested to negotiate changes to its Interconnection and Reciprocal
Compensation Agreement due to changes in law affecting reciprocal compensation. The Parties agree to
implement the provisions of this Amendment effective July 1, 2012.
Further Amendments
Except as modified herein, the provisions of the Interconnection and Reciprocal Compensation
Agreement shall remain In full force and effect. Except as provided in the Interconnection and Reciprocal
Compensation Agreement, this Amendment may not be further amended or altered, and no waiver of any
provision thereof shall be effective, except by written instrument executed by an authorized representative
of both Parties.
[1
Entire Agreement
Other than the Interconnection and Reciprocal Compensation Agreement and its Amendments,
CenturyLink and CMRS have no agreement or understanding, written or oral, relating to the terms and
conditions for interconnection.
The Parties intending to be legally bound have executed this Amendment as of the dates set forth below,
which may be 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 CenturyLink
Commercial Mobile Radio Service affiliates,
d/b/a AT&T Mobility

I Kvv~-
Signature Signature
William H. Brown L. T. Christensen
Name Printed/Typed Name Printed/Typed
Sr. Contract Manager Director - Wholesale Contracts
Title Title

37
Date Date S
AT&T Wireless Services, lnc./CT/ICC Bill and Keep Amendment/ID 2
Attachment 1
Notwithstanding anything set forth in the Interconnection and Reciprocal Compensation Agreement to
the contrary, the following terms and provisions shall govern the exchange of Non-Access
Telecommunications Traffic, as defined in the Order, between the Parties.
1.General
1.1. Bill and Keep shall mean the originating Party has no obligation to pay terminating charges to
the terminating Party.
1.2. Non-Access Telecommunications Traffic shall have the meaning set forth in 47 CFR §51.701(b)
that is originated or terminated as wireless traffic by CMRS' end user.
1.3. All other terms not otherwise defined in this Amendment are as defined in the Interconnection
and Reciprocal Compensation Agreement.
2.Intercarrier Compensation.
2.1 Bill and Keep shall apply to the exchange of Non-Access Telecommunications Traffic, solely
when such traffic terminates to the end users of one of the Parties. This compensation arrangement
shall supersede any previous usage-based terminating charges for end office switching or call
termination, tandem switching, and common transport or tandem transmission listed in the
Agreement.
S .2.2 Notwithstanding anything in this Amendment or in the Interconnection and Reciprocal
Compensation Agreement to the contrary, Bill and Keep shall not apply to the right of CenturyLink to
be compensated for transit traffic that transits a CenturyLink Tandem. Such transit traffic shall beat
the same rates that existed prior to this Amendment, and any adjustment to reciprocal compensation
rate element(s) that are assessed by a Party for terminating Non-Access Telecommunications Traffic
pursuant to the Order shall not apply for purposes of calculating the rate(s) to be charged by
CenturyLink for providing a transit service.
3.CMRS agrees that it will only route traffic from its own wireless end user customers (including
wireless traffic of end user customers of CMRS's wireless roaming partners) to CenturyLink for
termination to CenturyLink end user customers or as transit traffic destined for a third party. In the
event CMRS routes any traffic from third parties to CenturyLink in violation of this paragraph,
CenturyLink shall be entitled to seek injunctive relief and to recover damages, including without
limitation, compensation for such traffic at the rate that is then applicable to intrastate or interstate
access traffic, as appropriate.
4.The Parties will work together in good faith to add additional points of interconnection if traffic patterns
between the Parties change significantly from those existing as of the date of this Amendment.
5.Tandem Management.
5.1 When transit traffic originated by a third party is routed through a CenturyLink Tandem to
CMAS, and the third party is not legally obligated to compensate CenturyLink for the
transit service provided in transporting the traffic to CMRS as a result of paragraph 999 of
the FCC Order, then CMRS, upon notice from CenturyLink (which notice will be given
within, a reasonable time after CenturyLink receives notice from any such third party) will
either:
5.1.1 Establish direct interconnection with such third party; or
AT&T Wireless Services, Inc./CT/ICC Bill and Keep Amendment/ID 3
5.1.2 Pay the Transit charges for such traffic.
5.2 Transit service is provided by CenturyLink, as a local and access Tandem Switch provider
to the CMAS to enable the completion of calls originated by or terminated to end users of
another telecommunications carrier which is connected to CenturyLink's Switches.
5.3 Except as may be contemplated by Section 5.1 above, the originating company is
responsible for payment of appropriate rates to the transit company and to the terminating
company. The Parties agree that it is the originating Party's sole responsibility to enter into
traffic exchange agreements with third party telecommunications carriers prior to
delivering traffic to be transited to third party telecommunications carriers. In the event
one Party originates traffic that transits the second Party's network to reach a third party
telecommunications carrier with whom the originating Party does not have a traffic
exchange agreement, then the originating Party will indemnify, defend and hold harmless
the second Party against any and all charges levied by such third party
telecommunications carrier, to the extent that the originating company is obligated to pay
such charges to the terminating company, including any termination charges related to
such traffic and any attorneys fees and expenses.
6.Reservation of Rights. Effective July 1, 2012, reciprocal compensation will be bill and keep, but
notwithstanding anything in this Amendment or in the Interconnection and Reciprocal
Compensation Agreement to the contrary, and notwithstanding the execution of this Amendment
by the Parties, such bill and keep arrangement shall be in all respects subject to the provisions of
any future stay, revision, reconsideration, change or modification of the Order by the FCC or a
court of competent jurisdiction.
7.While the Parties expressly agree to the terms and provisions of this Amendment, the Parties
disagree regarding certain interconnection obligations and each Party reserves its legal rights
regarding interconnection obligations, and neither Party waives any such rights in future
negotiations or arbitrations. Is
F- 13
AT&T Wireless Services, tnc./CT/ICC Bill and Keep Amendment/ID
TABLE 1
• CenturyTel of the Gem State,
inc.
Local traffic Temiuiatlon - Pr Minute of Use. 0W ndlCisp NA
Transit - Per Minute of Use .000023 NA
Third Party Originated Transit- Per Minute of Use .000023 NA
~ is
AT&T Wireless Services, lnc./CT/ICC Bill and Keep Amendment/ID