20120731First Amendment.pdf

telecom RECEtVED
July 26, 2012
2812 JUL 30 AM 8: 39
I#I rrcc'• .jOC M U ILi
Ms. Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W. Washington Street
P0 Box 83720
Boise, ID 83720-0074
RE: Case No. P071D70/
Request for Approval of Amendment to Negotiated Wireless Traffic
Exchange Agreement between TDS Telecommunications Corporation and
Cricket Communications.
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 Cricket Communications, Inc. This filing amends the agreement
approved in Case No. POT-T-07-01. 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 [phone] or myself at [phone]. Thank you in advance for
your assistance in this matter.
Sincerely,
N-, "-p",
Gail M. Long
Manager, State Government Affairs
Enclosure
Cc: Linda Robinson - TDS Telecom
President - Cricket Communications
P0 BOX 1566
OREGON CITY OR 97045-1566
OFFICE: 503.656.8399
FAX: [phone]
First Amendment to Wireless Traffic Exchange Agreement- ID 26 1 L1 JUL 30 AM 8:14
This is an Amendment ("Amendment") to the Wireless Traffic Exchange Agreement betwecMHCpiJ[:L k .
the TDS Telecommunications Corporation affiliates or subsidiaries identified on Appehd.! ES COMM iSsI
("TDS TELECOM") and Cricket Communications, Inc., ("Cricket"), 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 August 1,
2007 and approved October 5, 2007 by the Idaho Public Service Commission in Case No. POT-
T-07-01.
• 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 ("USF/ICC
Transformation Orde),") 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 B, Reciprocal Compensation Rates and Billing Procedures 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.
IN ADDITION, the parties mutually agree to amend the following:
'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-State Joint Board on Universal
Service, Lifeline and Link-Up Universal Service Reform - Mobility Fund, WC Docket No. 10-90, GM
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) (USFIICC Transformation Order).
CW2218378 July 2012
SECTION I, DEFINITIONS, Paragraph No. 7 "Intermediary Traffic" shall be replaced
with "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.
SECTION IV, BILLING, The following will be added to the end of Paragraph Jj 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 I, 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
companies listed n Appendix A
Signature )if / Date /
Printed NámeAnd Title:
Joel Dol*nøer
Director Wegulatory Revenue, Strategy & Compliance
By: Cricket Communications, Inc.
Signat - Date
Printed Name and Title:
Todd Norman
_Director of Procurement
Signature Page to Amendment between TDS Telecommunications Corporation (ID Cos.) and Cricket
Communications, Inc. effective the 1' day of July, 2012
CW2218378 July 2012
Appendix A
Potlatch Telephone Company
CW2218378 July 2012