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HomeMy WebLinkAbout20120529Amendment.pdfMay 24, 2012 2O1? MAY 29 Ml 8:53 1E)A jbL; 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