20020607Application.pdf

P.O.eortl
1regon City, 0R 97U5-1 566
Telep h o n e : 503- 656- 8399
FAX' 503.656-8660
ETELE.'M
Government and Regulatory Atfairs
May 30,2002
Ms. Jean Jewell, Secretary
ldaho Public Utilities Commission '
472 W . Washington Street
PO Box 83720
Boise, lD 83720-0074
RE: case N.. PoT- f- d 2' 0 i
Application of TDS Telecommunications Corporation for Approval of a
Negotiated Wireless lnterconnection Agreement with Sprint PCS.
Dear Ms. Jewell:
TDS Telecommunications Corporation (TDS) as an agent for Potlatch Telephone
Company, lnc., has entered into a voluntary wireless interconnection agreement
with Sprint PCS. Eight (8) Copies of the agreement have been enclosed for filing
with this Commission.
TDS respectfully requests approval of this agreement as filed.
lf you have questions regarding this agreement, please contact Linda Lowrance
of TDS at (865)6714758. Thank you in advance for your assistance in this
matter.
Sincerely,
ll}\Jy'=lG=-e
-
-h
--Gail M. Long
Manager, External Relations
Enclosure
Cc: Linda Lowrance - TDS Telecom
Jeff Pfaff - Sprint PCS
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WIRELESS INTERCONNECTION AGREEMENT
TDS TELECOM.IDAHO
This Agreement is made effective on the lst day of March, 2002, between TDS
Telecommunications Corporation subsidiaries or affiliates identified on Appendix A
attached hereto and made a part hereof (collectively, "TDS TELECOM"), and Sprint
Spectrum, L.P., a Delaware limited partnership d/b/a Sprint PCS, with offrces at 6160
Sprint Parkway, Overland Park, Kansas 66251("SPRINT PCS").
The TDS TELECOM companies are local exchange carriers in Idatro. SPRINT
PCS is a commercial mobile radio service carrier operating in idaho. TDS TELECOM
and Sprint PCS desire to interconnect for the purpose of exchanging traffic between the
parties' customers.
In consideration of the mutual covenants contained in this Agreement, the parties
agree as follows.
SECTION I
SCOPE OF AGREEMENT
This Agreement shall cover local interconnection arrangements between SPRINT
PCS' network in Idatro and TDS TELECOM's network in Idatro. The exchange of non-
local traffic between other portions of TDS TELECOM's network and SPRINT PCS'
network shall be accomplished using the existing toll telephone network. The
designations "local" and "non-local" shall be as defined by federal law for the purpose of
the exchange of wireless traffic.
SECTION N
TRAFFIC EXCHANGE
The default point of interconnection shall be at an appropriate access tandem.
Each party shall be responsible for the cost of providing the trunks from its network to
the point of interconnection for the calls which that party originates. Either parry shall be
allowed to establish a different point of interconnection for the calls which that party
originates, provided that the new point of interconnection does not increase the cost of
transporting or terminating calls for the other party. Each party shall bill the other for
calls which the billing party terminates to its own customers and which were originated
by the billed party. Applicable local transport and termination rates and billing
procedures are set forth on the attached Appendix A, which is incorporated by reference.
The billed party shall pay the billing party for all charges properly listed on the bill. Such
payments are to be received within thirty (30) days from the effective date of the
statement. The billed party shall pay a late charge on any undisputed charges that have
been billed that are greater than thirty (30) days old. The rate of the late charge shall be
the lesser of 15% per month or the maximum amount allowed by law. The billed party
shall pay the billing party the reasonable arnount of the billing party's expenses related to
collection of overdue bills, such amounts to include reasonable attorney's fees. Neither
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party shall bill the other for traffrc that is more than one hundred and eighty (180) days
old, with the exception of traffic that pre-dates the effective date of this Agreement.
SECTION III
INDEPENDENT CONTRACTORS
The parties to this Agreement are independent confiactors. Neither party is an
agent, representative, or partner of the other party. Neither party shall have the right,
power or authority to enter into any agreement for or on behalf of, or incur any obligation
or liability of, or to otherwise bind the other party. This Agreement shall not be
interpreted or construed to create an association, joint venture, or partrtership between the
parties or to impose any partnership obligation or liability upon either parry.
SECTION IV
LIABILITY
A.
Neither party nor any of their affiliates shall be liable for any incidental,
consequential or special damages arising from the other party's use of service provided
under this Agreement. Each party shall indemnifu and defend the other party against any
claims or actions arising from the indemniffing party's use of the service provided under
this Agreement, except for damages caused by the sole recklessness of the indemnified
party.
B"
Neither party makes any warranties, express or implied, for any hardware,
software, goods, or services provided under this Agreement. All warranties, including
those of merchantability and fitness for a particular purpose, are expressly disclaimed and
waived.
C.
In any event, each party's iiability for all claims arising under this
Agreement, or under the use of the service provided under this Agreement, shall be
limited to the arnount of the charges billed to the party making a claim for the month
during which the claim arose.
SECTION V
Intentionally Ieft blank.
SECTION VI
TERM OF AGREEMENT
This Agreement shall commence on the ef,fective date stated on the first page, and
shall terminate one (l) year after the effective date. This Agreement shall renew
automatically for successive one (1) year terms. cornmencing on the termination date of
the initial term or latest renewal term. The automatic renewal shall take effect without
notice to either party, except that either party may elect not to renew and terminate by
giving the other party written notice of its intention not to renew at least ninety (90) days
prior to each anniversary date.
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SECTION VII
THIRD PARTY BENEFICIARIES
This Agreement is not intended to benefit any person or entity not a party to it and
no third party beneficiaries are created by this Agreement.
SECTION VIII
GOVERNING LAW. FORUM, AND VENUE
To the extent not governed by the laws and regulations of the United States, this
Agreement shall be governed by the laws and regulations of the State of Idatro. Disputes
arising under this Agreement, or under the use of service provided under this Agreement,
shall be resolved in state or federal court in ldaho.
SECTION IX
ENTIRE AGREEMENT
This Agreement incorporates all terms of the agreement between the parties. This
Agreement may not be modified except in writing signed by both parties. This
Agreement is a result of a negotiation bemreen the parties, and it was jointly drafted by
both parties.
SECTION X
NOTICE
Notices shall be effective when received or within three (3) business days of being
sent via first class mail, whichever is sooner, in the case of SPRINT PCS to:
Business Name: Sprint PCS.
Mailing Address: 6450 Sprint Parkway, Bldg. 14
Mailstop: KSOPHN02l2
Citylstatelzip Code: Overland Park. KS 66251
Attention: Legal/Regulatory Dept.
With a copy to:
Business Name:
Mailing Address:
Sprint PCS
11880 College Blvd.
KSOPAMOIOl
Overland Park, KS 66210-2035
Director, Number and Interconnection Management
City/StatelZip Code:
WIN_Sprint PCS lDVcr5.doc
Bills and payments shall be effective when received or within three (3) business
days of being sent via first class mail. whichever is sooner, in the case of SPRINT PCS
to:
Business Name:
Mailing Address:
Shipping Address:
CitylStatelZip Code:
Attention:
Sprint PCS
P. O. Box 6827
Leawood. KS 66206-0827
Access Verification
or to such other location as Sprint PCS may direct in writing.
Notices shall be effective when received or within three (3) business days of being
sent via first class mail, whichever is sooner, in the case of TDS TELECOM to:
BusinessName: TDS Telecommunications Corporation
Mailing Address: P. O. Box 22995
Shipping Address: 9737 Cogdill Road, Suite 230
Citylstatelzip Code: Knoxville, TN 37933-0995 (37932 for Shipping)
Attention: Carrier Relations
Contact Phone Number: (865) 9664700
Bills and payments shall be effective when received or within three (3) business
days of being sent via first class mail. whichever is sooner, in the case of TDS
TELECOM to:
BusinessName: TDS Telecommunications Corporation
Mailing Address: P.O. Box 5158
Citylstatelzip Code: Madison, WI 53705-0158
Attention: Kris Groth. Local Interconnection Billing
or to such other location as the receiving party may direct in writing.
SPRINT PCS shall ensure bills and payments reference the specific TDS
TELECOM company name(s) for which traffic is being billed or paid (see Appendix A
for company list).
SECTION xI
ASSIGNMENT
Either Party may assign this Agreement upon the written consent of the other
pffiy, which consent shall not be unreasonably withheld. Notrvithstanding the foregoing,
no consent shall be required for the assignment of this Agreement in the context of the
sale of all or substantially all of the assets or stocks of either of the parties.
Notwithstanding the foregoing, either Party may assign this Agreement or any rights or
obligations hereunder to an affiliate of such Party without the consent of the other Party.
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SECTION )(II
MISCELLANEOUS
This Agreement has been reached pursuant to 47 USC 251(a) and 251(b)5. This
is not an interconnection agreement under 47 USC 251(c). The parties acknowledge that
TDS TELECOM may be entitled to a rural exemption as provided by 47 USC 251(f) and
TDS TELECOM does not waive such exemption.
TDS Telecommunications Corporation, (not individually but as agent for the TDS
Louis D. Reillv.III
Director - Carrier Relations
Printed name and title:
Dennis Huber
Sr. Vice President - Operations
Signature Page to Wireless Interconnection Agreement between TDS
Telecommunications Corporation flD Companies) and Sprint Spectrum, L.P. dated
the f i day of Marchr 2002 relating to the exchange of Local TraIIic.
on Appendix A)
Printed nzrme and title:
Sprint Spectrum, L.P.
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APPENDIX A,
Local Transport and Termination Rates and Billing Procedures
The parties shall reciprocally and symmetrically compensate one another for local traJfic
terminated to their respective customers at the rates set forth below:
COMPANY $A{OU
Potlatch Telephone Company, Inc.0.01s9s
TDS TELECOM shall obtain a monthly traffic distribution report from the tandem
operator summarizing traffic originated by SPRINT PCS and terminating to TDS
TELECOM. This report information shall be used by TDS TELECOM for billing
SPRINT PCS for traffrc terminating to TDS TELECOM. The parties agree to accept the
monthly traffic distribution report from the tandem operator as an accurate statement of
traffic exchanged between the parties.
SPRINT PCS elec* to measure actual terminating local traffrc through its own recording
equipment and utilize these measurements in place of the traffrc distribution reports from
the tandem operator.
Either parfy may perform an audit of the other party's billing information related to
terminating minutes of use of the billed party. The parties agree that such audits shall be
performed no more than one time per calendar year. Each party shall bear its own
expenses associated with such audit. The audits shall be conducted on the premises of the
audited party during normal business hours.
Either party may bill on a monthly, quarterly, semi-annual or annual basis.
Transport and termination of non-local traffic shall be billed per applicable access taritr
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