HomeMy WebLinkAbout20120529Amendment.pdfMay 24, 2012
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UTL T1i 3 COMMSSO
Ms. Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W. Washington Street
P0 Box 83720
Boise, ID 83720-0074
RE: Case No. POT: T0S-Dt
Request for Approval of Amendment to Negotiated Wireless Traffic
Exchange Agreement between TDS Telecommunications Corporation and
AT&T Mobility.
Dear Ms. Jewell:
TDS Telecommunications Corporation (TDS) as an agent for Potlatch Telephone
Company, Inc., has entered into an amended wireless traffic exchange
agreement with New Cingular Wireless PCS, LLC and its Commercial Mobile
Radio Services ("CMRS") operating affiliates, operating as AT&T Mobility. This
filing amends the agreement approved in Case No. POT-T-05-1. An original plus
three (3) Copies of the agreement have been enclosed for filing with this
Commission.
TDS respectfully requests approval of this agreement as filed.
If you have questions regarding this agreement, please contact Linda Robinson
of TDS at (865)671-4758 or myself at (503)656-8399. Thank you in advance for
your assistance in this matter.
Sincerely,
Gail M. Long
Manager, State Government Affairs
Enclosure
Cc: Linda Lowrance - TDS Telecom
Jill Mounsey - AT&T Mobility
P0 BOX 1566
OREGON CiTy OR 97045-1566
OFFICE: 503.656.8399
FAX: 503.656.8660
First Amendment to Wireless Traffic Exchange Agreement- ID
This is an Amendment ("Amendment") to the Wireless Traffic Exchange Agreement between
the TDS Telecommunications Corporation affiliates or subsidiaries identified on Appendix A
("TDS TELECOM") and New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio
Services ("CMRS") operating affiliates, operating as AT&T Mobility hereinafter ("AT&T
Mobility"), jointly as the Parties.
WHEREAS the Parties or their predecessors in interest, previously entered into an
Interconnection Agreement (the "Agreement") pursuant to 47 U.S.C. 25 1/252 dated June 1, 2005
and approved by the Idaho Public Utilities Commission on October 26, 2005 in Case No. POT-
T-05-1, Order No. 29901.
WHEREAS on November 18, 2011, the Federal Communications Corporation ("FCC")
released a Report and Order and Further Notice of Proposed Rulemaking, FCC 11-161, which
included enacting new rules for Intercarrier Compensation for Wireless Traffic ("(1SF1ICC
Transformation Order"). A subsequent Order on Reconsideration was released December 23,
2011 modifying two aspects of the USF/ICC Transformation Order.
WHEREAS the rules outlined in the USF/ICC Transformation Order constitute a change
of law.
WHEREAS, 47 C.F.R. § 20.11 and § 51.700 - § 51.715 have been amended to provide
that intercarrier compensation for non-access traffic exchanged between LECs and CMRS
providers will be subject to a default bill-and-keep methodology for traffic exchanged on and
after July 1, 2012.
NOW THEREFORE, in consideration of the Order and change of law provision in the
Agreement, Appendix C, Rates and Factors shall be amended as follows:
RECIPROCAL COMPENSATION RATES $IMOU
Transport and Termination Bill and Keep*
*From July 1, 2012, forward, all non-access traffic exchanged between the Parties shall be
exchanged pursuant to a bill-and-keep arrangement, which means that the originating Party has
no obligation to pay terminating charges to the terminating Party; regardless of any charges the
originating Party may assess its end users.
'See In the Matter of Connect America Fund, A National Broadband Plan for Our Future, Establishing
Just and Reasonable Rates for Local Exchange Carriers, High-Cost Universal Service Support,
Developing an Unified Intercarrier Compensation Regime, Federal-Stqte Joint Board on Universal
Service, Lifeline and Link-Up Universal Service Reform —Mobility Fund, WC Docket No. 10-90, UN
Docket No. 09-51, WC Docket No. 07-135, WC Docket No. 05-337, CC Docket No. 01-92, CC Docket
No. 96-45, WC Docket No. 03-109, WT Docket No. 10-208, Report and Order and Further Notice of
Proposed Rulemaking, FCC 11-161 (rel. Nov. 18, 2011) (USF/ICC Transformation Order).
I-,
CW2218144 July 2012
IN ADDITION, the parties mutually agree to add the following to Section IV, Billing,:
7. "Intermediary Traffic" is traffic that is delivered from a third-party Local
Exchange Carrier or other telecommunications carrier such as a CMRS
provider, through the network of either Party as an intermediate carrier to an
end user of the other Party. In the event that "Intermediary Traffic" which is
subject to tariffed access charges under the FCC's Inter-carrier compensation
rules is routed over interconnection service facilities covered under this
Agreement for any reason, each Party agrees that it will pay the applicable
access compensation to the terminating Party for any and all such traffic it
sends as an intermediate carrier.
Except as expressly set forth herein, the remaining terms and conditions of the
Agreement shall remain in full force and effect without change. This Amendment shall be
effective as of July 1, 2012 and shall remain effective as long as the Agreement remains effective
between the parties.
IN WITNESS WHEREOF, the authorized representatives of the Parties hereto have
signed this Amendment effective as of the date and year set forth above.
By: TDS Telecommunications Corporation (not individually but as agent for the
corn es listed o Appe ç1x A)
Date
Name and Title:
Joel Dohnieier
Director Regulatory Revenue, Strategy & Compliance
By: New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service
operating affiliates dib/a AT&T Mobility
Signature
Printed Name and Title:
Sheila M. Paananen
Lead Carrier Relations Manager
Signature Page to Amendment between TDS Telecommunications Corporation (II) Cos.) and AT&T
Mobility effective the l' day of July, 2012
CW2218144 July 2012
Appendix A
Potlatch Telephone Company
CW2218144 July 2012