20090730Application.pdf

RECEtvED
l009 JUL 30 AM 8: 24
IDAHO Pü8L.\(~"'lo~i
UT\UT\ES cot'lU,'iIS;:1 ','l
July 27, 2009 Sent Via: First Class Mail
Ms. Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W. Washington Street
PO Box 83720
Boise, 10 83720-0074
RE: Case No. Pot -'(-09 -of
Application of TOS Telecommunications Corporation for Approval of a
Negotiated Wireless Traffic Exchange Agreement with Verizon Wireless.
Dear Ms. Jewell:
TOS Telecommunications Corporation (TOS) as an agent for Potlatch Telephone
Company, Inc., has entered into a voluntary wireless traffic exchange agreement
with Verizon Wireless. An original plus three (3) Copies of the agreement have
been enclosed for filing with this Commission.
:rOS respectfully requests approval of this agreement as filed.
If you have questions regarding this agreement, please contact Linda Lowrance
of TOS at [phone] or myself at [phone]. Thank you in advance for
your assistance in this matter.
Sincerely,t~~.
Gail M. Long
Manager, External Relations
Enclosure
Cc: Linda Lowrance - TOS Telecom
Mary Bacigalupi - Verizon Wireless POBOX 1566
OREGON CITY OR 97045-1566
OFFICE: 503,656.8399
FAX: 503.656,8660
po-t-t-oc¡ -01
RECEIVED
2009 JUl 30 AM 8: 24
PUEUG
OMMISSIONWireless Traffc Exchange Agreement "Agreement"
dav of December 2008 between OUIIY.r" "
identified on Appendix A
Verizon Wireless entities on the
each having an office and principal place of
Ridge. Ne\v J (collectively "VERIZONand are individually a
to
This
on the
Corporation
Basking
the
lDS TELECOM is a LocalWIRELESS Mm of Idaho.
their for the
customers. Services provided by TDS to VER
Agreement arc provided pursuant to VERIZON WIRELESS'
N
to
desire to
their
WIREU::SS this
, as a CMRS provider.
In of the mutual CO\ cnant 'd in Agreerncnt,
agree as
sr~CTION 1
DEFINITIONS
L means the Cormmmications Act of 1
amended by the Telecommunications Act of 1996,
Înterpreted the duly authorized rules and
state
tJ . 1 eL seq.), as
and as from time to time
or a
2. Mobile Radio Service: r'CMRS") is defined as a mobile serviceprovided for profit (h~., with the of oris available to~h loa
of the public, or the functional equivalent of such a mobile
3, ttílìties Commission.
S.. VZW RC
L.56440
4.
5.
6. "Intcrexchange Canier" or ("IXC") means a carrier that provides or carries.
directly or indirectly, InterLA TA service or ImraLAI'A Toll Trallïc. IXC does
not include CMRS carriers as herein defined,
7."lntem1ediary Traffc" is
ier or
network
WIRELESS,
delivered to or from a
ions carrier such
. m or to an end
g,located in a
9,Traffc" means those Int
callng area as defined in the'
. on calls that are outside of
ble TDS TELECOM tariff.
10. "Local Access and Transport Area" or ("LATA' as described in the Act denotes
a geographical area established for the and administration of
communications services. It encompasses one more designated exchanges,
. are grouped to serve common social, economic and other purposes.
11. Exchange Carier" or f'LEC") means any entity
provision of telephone exchange service or exchange access. Su
include an entity insofar as such entity is engaged the of a
commercial mobile service under Section 332(c) of the Act, except to the extent
that the F'CC finds that such service should included in the definition of such
term.
12. "Local Traffic" , m.eans Wireless to
and terminate within the
sameMTA based on the 1 ng the wireless subscriber at
the beginning of the call and the central oft1ce serving the landline end-user.
13. "Major Trading Area" or ("MTA") means the service areas based on the Rand
McNally 1992 Commercial Atlas & Marketing Guide, 123rd edition, at pagcs 38-
39, 47 .R. §24,202(a).
15."Non-Local 'fraffic" for . ier
completion of intcrMT A calls based on the
subscriber roamer on the VERIZON
TELECOM ne end-user.
purposes means the
n of the VERIZON WIRELESS
ELESS network and the TDS
14, "Mobile Switching Center" or ("MSC") is
, r the routing of calls among'
December 2008
16."Point of Connection" or (
WIRELESS is interconnected with
a physical 10'
ELECOM..
VER
17. "Rate Center" as defined by the North American Numbering Counsel (NANC)
and used in this Agreement means that uses a common surrogate caB
origination or can termination point ining point-to-point local or toll
callng charges.
18,Carrier" means
the Act
of telecommunications
services a
19. "Wireless" is telecommunications services provided by a CMRS carner in
accordance with its CMRS licensees).
20. "WireLine" is telecommunications services provided by 'IDS 'fELECOM or oiler
Non-CMRS Telecommunications CatTier.
SECTIONH
SCOPE OF AGREEMENT
This Agreement sets forth the tenns, c and prices under
agree to provide Interconnection for use by RELESS only
with (MRS services and compensation for the exchange of traffc
TELECOM and VERIZON for the purpose of offeringservices, The Interconnectio Agr
to the exchange of traffc
VERIZON WIRELESS
provision of t\-vo-way
herein wil not be used by V N ESS to terminate other types of traffc on
TDS 'fELECOlv1"s network. Other Interconnection arrangements are covered by separate
contract, tariff or price lists.
Execution this Agreement does not judice any positions either
Party has taken previously or may take in the future in , regulatory, or other
public forum addressing any matters, including matters specifically related to, the types of
anangements prescribed in this Agreement.
SECTION HI
INTERCONNECTlON
Dit.eçtJgterÇQIJJ)eçtion:
l)epending upon VERIZON
n 'CDS 'fELECO,
anangements are
ELESS's needs and the technical capabilty and
switches, various Wireless Interconnections and
possible. Wireless Interconnection and service
L
'IDS - VZW RCC ID
CEL-56440
the
rc GR-145-CORE Telcordia on
.')4.
Loca! Traffic.
Type
customers served
~,) .may be optioned for common channel
5. VERIZON ~ shall pro
delivery of traffic fronì its Mobile
acceptable Point of Connection
Altemative1y, VERIZON
third party or from TDS
facilities and tran
specified in 'IDS
two-way facilties provided byVERIZON and
factor based on the percentages identified
The Point(s) of Connection between 'IDS
are defined in B, which is .
shaH not
re availa
VERIZON WIR
ignaling System
nections shall
Signaling System 7 ("CCS T) protoc
technically feasible för both Parties. Where requested
and IDS TELECOM agree . nnect their
networks either directly or U I'd paries.
generally accepted industryconstrued toP
6.
7,
direct interconnection
arc technically
VERIZON WIRELESS
Agreement
TDS VZW RCC lD
CEL-56440
8. Nothing in this Agreement shalllìmit either Party's ability to network
through the incorporation of software. or
Party agrees to reaso . the
facilities or networks, as wen asthat interoperability of those or
provided, that, neither Party may change the poe without the written
consent of the other.
9. local trunk group(s) be established
Parties for of the Local Traftk at POe. trunking wiH
be provisioned and maintained. from of the
local intercoimection trunk group may be alternately routed to
access tandem.
L to terminate each other's Local Traffic that is
service provider in with Section IV below.
a
2. Where the Local Traffic exchanged between VERIZ0N WlRELESS and a
TELECOM host or end offce switch 500,000 minutes permonth three co irnplemem direct apoe asso the
direct
3. The Parties have a lùndamemal disagreement regarding the poe associated withindirect1 charges that
by the third ting carrier. It is IDS
does not estahlish an
with 0
services at a geo point outside of
. for tandem switching and ta.ndem
) xiv,
if there is further
obligations of
party Tal1deni Switch. In addition,
on either
TralTic to
event of a Material
may requiTe that
in good faith and, if nee
other Party, shaH represent a .:V1ateria!
either by to the other
cted provisions
bmitted to the Commission for
L
BILLING
bil other the biling Party to
own customers which were originated the bíHed Party using the applicable
Reciprocal Cornpensaüon rates and biling procedures set forth on the attached
Appendix which is incorporated by reference. For originating
Non-Local Traffic, each Party shall pay the other TDS
interstate, as appropriate, switched network access rate n a per
minute of use which are set out in TOS TELECOM's applicable Access
as those tariH's may be amended from time to time term
incidenuiI
to
the other P
are incurred.
otherwise in any manner
either Party to its end-users.
J Actual measurements in each of the appropriate
bíHing traffc. However.
Non-Local
group(s),
A a",; a
measure
intercoimectIon
fbrth in
Paries
is based on the specific
consideration territory
boundaries) and tramc
Party provides to the other a valid InterMTA study
reexamínation of network configuration ufeither Party's network, the Parties wil
use A traHìc study or reexamimition to negotiate in good faith a
mutually acceptable ínterMTA
good t~ìith to amend
such
studies or
Except traffc Spt
in no cycnt
indirectly,
'",) .biled
Such
that have been bHled that are greater than forty-five (45) days old. The rate ofthe
be the of 1 amount allowed by
shall pay the biling
related to collection amounts to include
It shall be the responsibility of each Pary to program and update
in accordance with the Local Exchange Routing Guide (!!LERG!!)
order to route traffc to the other Party's assigned NXX codes at aU times.
Neither Party shall impose any fees or charges whatsoever on the other Party for such
as set forth in this Agreement.
~TIONS
The Parties shall only assign NPA-NX
to meaning for
to serve customers.
to Rate Center(s) in which they are
WIRELESS where it has cell sites
SECTION VI
INDEPENDENT CONTRACTORS
Parties to this Agreement are independent contractors. Party is an
agent, or partner of the other Pa.rty. Neither Party shaH have the right.
po'\\er or to enter into any agreement for or on behalf of: or incur any obligationor liability or to othenvise bind This shaH not beinterpreted or construed to create an behveen
or to partnership obligation
A.
nor any of their affliates shaH be
arising from
Each Party shaH indemnify and
from the indemnifying
dmnages caused
liable for any incidentaL.
use service
Party against any
under
under this
claims or
the
Party.
B.makes any or implie(L
software, goods or scrvìces provided under this Agreement. All warranties, includingthose and fltness íhr a particular are
in an)' event,
use the
the
C.
liabilty for
service provided under this be
biled to the Party making. a clai üJl the month
or
to the
the
TDS ..... vzw Ree H)
40
December 2008
th.e other
the of privacy,
or \viHfuJ the
the Agreement or the of Indemnifying Party to perf 01111
obligations Agreement In the event said loss, cost, or
expense to third is the result of the faule in whole or in to this
Agreement, the Parties shaH be entitled to indemnification the extent
peimittcd by applicable state law governing the apportionment, if any, of said loss,
claim, liability, damage or expense. In addition, the Indemnifying Party shall, to the
extent of obligations to indemnify hereunder, defend any action or suit brought by a
third party against the Indemnified Party.
or
also
c1airn,
reasonably and
lndemniiìed
participate
Party shall (i notify the Indemnifying
lawsuits, or demand by
Indem.nifying Party is responsible under
lawsuit or demand to lndemni
every reasonable
or 1invsuit. The
timely apprised of status of the claim,
have the right to retain o\m
but not direct the defense.
promptly in vvTitíng
the Indemnified
Section and tender
The Indemnifying Party shall not be liable under this Section fbr settlements or
compromises Indemnified Pary any claim, demand, or lawsuit unless the
Indemnifying Party has approved the or compromise in advance or unless the
defense or the claim, demand, or lawsuit has been tendered to the Indemnifying Party in.
writing and Indemnifying Party has failed to promptly undertake the defense.
S.ECTlON
MAJEURE
shall held liable for any
from anv cause beyond" ,
Cìod, aets civil or miltary
insurrections, explosions,
or Lì1usually weather. In the eventof a under
he extended
the de
which it
TDS ..... VZW RCC lD
CEL.56440
December 2008
SECTION
NON-DISCLOSURE
The Parties that it may be necessary to exchimge certain confidential
information during the term of this including, Vvithoiit limitation,
and plans, technical proposals,
for information in any form, customer account
Information ("CPNI") as term isand the of
similar information ("Coiil1dential lnfonnation").
Confidential Information shall include (1) all information delivered in written form
marked "confidential" or "proprietary" or bearing mark of simílar import~ and (li)
information derived by the Recipient from a Disclosing Party's usage of
network. Confidential Information is deem,ed proprietary to the Di
it shall be protected by the Recipient as the Recipient would protect
information. Confidential shall not be disclosed orother to as in this10, Party mean owner of Confidential Infonnation,
Recipiem srwll mean Party to whom Confidential Information is disclosed.
bligation to safeguard Confidential Infimrmti
free of restriction prior to its receip
known or available throughit is rightfully by
or (iv) after it is
Co
Recipient may Confidential Infoby law, a or governmental Each agrees Disclosing
irreparably by a breach of this Agreement by Recipient or its
and that Disclosing Pary shall be entitled to seek equitable relict: including injunctive
relief and specific perforuu:mce, in the event of any breach this Such
remedies shal1 not be but shaH be in addition to ali at
law or
) which
(Ising
this
of
by
not
ired
would
commence on the effective date stated on
I\'lO (2) years provided that Party shall have the
with or without cause on sixty (60) days notice.
Agreement shall renew automatically tor successive one (l) year periods, unless
terminated as provided above.
TDS - VZW RCC m
CEL.56440
SECTION XII
RESOLUTION
Except as this Agreement, any dispute between the Partics
regarding the interpretation or enforcement of this Agreement or any of its terms shaH be
addressed good negotiation between the Parties. To iniiiate such negotiation, a
Party must other Party written notice of dispute includes both a
detailed or alleged nonpeiiormance and the name of anindividual initiating Party's in
other have ten (10) days to
negotiation. representatives shall meet
after date of the initiating .Party's wT1tten notice an attempt to reach a good
faith resolution of the dispute. Upon agreement, the Parties' representatives may utilize
other dispute resoh.ition procedures such as private mediation to assist in
to
notice,
aniìlabie to it Agreement, at
limited institutìng an appropriate proceeding
the dispute \\ithin (60) days
Party may pursue an:y remedies
indudin(yeo
Commission,
SECTIONxm
THIRD PARTY BENEr'ICIARIES
Agreement is not intended to benefit any person or entity not a party to it and
no third party bendìciaries are created by this Agreenicnt.
SECTION xiv
LA W, FORUM, AND
the laws and regulations
be governed by laws and regulations the
to its conflct of laws principals, In the event of a change applicable law
(including, without limitation. any legislative, regulatory, judicial or other legal action) that
materially any material tenn of this the or obligations of either
or the abílty of either Part to perform any material provision hereof: thein good faith to modifY as may required
of such legislative, regulatory, judicial or
shaH
or pennined us a
SECfION XV
AGREEMENT
This Agreement incorporates all terms of the agreement between the
supersedes ali oral or written agreements, representations, statements,
proposals, and akings with respect to the subject m'T'his not be m except writing by s,
is a a negotiaiion Parties, and was jointly dratìed
both
TDS- VlW Rec lD
CEL-56440
December 2008
SECTION
NOTICE
shaH effectíve when received or \vithin three (3) business days of being
class maiL. whichever is sooner, in the case ofVERIZON WIRELESS to:
Name:
Code:
Phone:
8-1
Walnut Creek, CA 94598
Badgalupi
925-~79-6006
and payments shall be effective when received or within (3) business
days of being sent via first dassmait whichever is sooner, in the case of VERJZON
to:
Address:
Code:
Attention:
Contact Phone Number:
or to such
Wireless
Area
Budgets & Results
15505 Sand
Irvine, CA 92618
Vicki Nguyen
949-286-7940
location as VERIZON \VIRELESS may direct writing.
days
to:sent
received or within
maiL. whichever is sooner, in case of
Business Name:
Address:
Shipping Address:
Code:
Attention:
N
Wiih a to:
Address:
Code:
Attention:
Bills shall
class
TDSfelecommLmica1Íons
P. O. Box
9737 Cogdil Road, Suite 230
K . ,'11, TN' "'79"''' 0('''('':; (3793'" (' Sh' , lnOX\l (;,..1 ,) .u- .7.7. .. .... ior, ippmg)
Relations
(865 ) 966~4 700
IDS'l'decom
P. O. Box 366
Madison, WI 53705-0366
Legal Affairs
when received or within three (3) days
is sooner, in the case ofTDS TELECOM to:
sent
TDS ..... vzw Ret ~D
CEL-56440
Decembcr 2008
TDS Telecommunications Corporation
P.O. Box 5158
Madison, WI 53705-0158
Recip Comp Verifkation
Mailing Address:
City/State/Zip Code:
Attention:
or to such
sent to
location as the
on invoice.
direct in are to
shall bils payments
cornpany name(s) for \-vhich traffic is being biHcd or paid.
SECTION XVI(
ASSIGNMENT
Party may assign this Agreement upon the written consent of
\vhìch consent shaH not unreasonably withheld. Notwithstanding
no consent be for the assignment of this the context
of all or substantially all of assets or stocks either the Paries.
Notwithstanding foregoing, either Party may assign this or any or
to an aftì l¡ate of such Pary without the consent of the other
SECTIONxvm
BUSINESS RI.:CORDS
Each Party is responsible fûr the accuracy of its data as
reasonable wTitten
to conduct a
shallof by other Pary toof this \vil
verification of data involving records, procedures and
infonmition to the services performed by either as it to charges or
payments made in connection \v.lth this Agreeinent. Each Pary's to access
infi.mnation for a verification revicw purposes is limited to data not in excess of twenty-
lûur (24) months old, Party requesting a veritkation review shaB fully bear its own
costs associated conducting a review. The Party being provide
reasonable access to necessary and applicable information normal
at no charge to the Pary.
xix
FOREiGN-BASED SERVICES
represents, warrants, and covenants no service perfom1ed by
'IDS pursuant to this Agreement shall be provided, directed, controlled,
supervised, or managed, and no data or VERIZON WIRELESS customer communication
(voice or data) to any such service shall stored or transmitted, in, or
through, a located outside of the United States without advance \\TÌ1ten consem
- vzw Rec JD
CEL.56440
200S
is not an interconnection under 47
tliatlDS may be entitled to J. rural1 and not
TDS TClt:c(m:lmtmtcations Corporation (not individually but as
aftìliates identified on Appendix A)
Printed name
S.
Vcrizon Wireless (VAW) LLC d/b/a Veruon Wire!es~
Cdlco d/b/a Verixon \-Vireless
Vcrizmi Telecom, Inc.ace Inc.
Printed name
West Area
dated
TDS- vzw Rec m
CEL-56440
for 'IDS
TDS
t\yelfh of
December 2008
as
'The Parties shaH reciprocally and symmctricaUy compensate one another for tht~ transport
and termination of Localfraffc tcrminated to their respective customers at the rates set
forth belmv:
lnc.$0.01595
For Direct Interconnection,Parties \Nil bil based on actual usage,
For Indirect Intercomicction, TDS TELECOM shaH obtain a monthly
report tandem operator summarizing traf1k originated
and terminating to 'IDS 'fELECOM. This
biling VERIZON WIRELESS for traffc
may obtain a monthly
traffk originated by TDS TELECOM and to
WIRELESS. This report inlhrmation may he by VERIZ0N W1RELESS
f()r invoking TDS krminatil1g traffc to VERllON
distribution
by VERIZON
shaH be used
to
If VERIlON WIRELESS elt:cts
operator. the agree to the
another:
a traffic report from the tandem
billng tenninating usage to one
tratlk originated VER1ZON
2.shaH calculate estimated 'IDS terminating traffc
WIRELESS using the following formula: VER!ZON shall
based on the MOUs in L above, divided by 0.70 (seventy
the cakulation shaH then he multiplied by 0.30 (thirty percent)
originated by TDS TELECOM and temlÌnated to VERIZON
agree to monthly traffic distribution
operator as an accurate statement
may to measure actual tenninatil1g local traffic own
and utilize measurements in place of the tra:ik distribution reports
operator.
In data loss or errors in usageon estimated as an
actual hiling data
the
of
agree to
preceding
IDS - VZW RCC !D
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No
TDS VIWRCC m
CEL-5644D
Appendix B
Point(s) of Omnection
at time.
B December 2008
~
Appendix C
VerIzon Wireless F:ntities
Minnesota, Inc.
TDS " VZW RCC JD
CEL-5644Q
Appendix C