HomeMy WebLinkAbout20120912Amendment.pdfCenturyLink
40 1600 7th Avenue, Room 1506
Seattle, Washington 98191
(206) 733-5178
Facsimile (206) 343-4040
Maura E. Peterson
Paralegal
Regulatory Law
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CenturyLi n kTM
Via Overnight delivery
September 11, 2012
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-00-07
Application for Approval of Amendment to the Interconnection Agreement
McLeodUSA Telecommunications Services, LLC
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation dba CenturyLink
QC ("CenturyLink") is an original and three (3) copies of the Application for Approval of
Amendment to the Interconnection Agreement. Qwest respectfully requests that this matter
be placed on the Commission Decision Meeting Agenda for expedited approval.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in this matter.
C
Maura E. Peter n
mep
Enclosure
cc: Service list
www.centurylink.com
.
Lisa A. Anderl (WSBA# 13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: (206) 733-5178
Facsimile: (206) 343-4040
Adam.sherr@qwest.com
'L1?sp 12 M1 9:
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST CASE NO.: QWE-T-00-07
CORPORATION dba CENTURYLINK QC
FOR APPROVAL OF AN APPLICATION FOR APPROVAL OF
INTERCONNECTION AGREEMENT AMENDMENT TO THE
PURSUANT TO 47 U.S.C. §252(e) INTERCONNECTION AGREEMENT
Qwest Corporation dba CenturyLink QC ("CenturyLink") hereby files this Application
for Approval of Amendment to the Interconnection Agreement ("Amendment") which was
.
approved by the Idaho Public Utilities Commission on November 9, 2000 (the "Agreement").
The Amendment with McLeodUSA Telecommunications Services, L.L.0 ("McLeod") is
submitted herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act")
Section 252(e)(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portion(s) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
CenturyLink respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the Commission approve this Amendment expeditiously.
This Amendment is consistent with the public interest as identified in the pro-competitive
policies of the State of Idaho, the Commission, the United States Congress, and the Federal
. Communications Commission. Expeditious approval of this Amendment will enable McLeod to
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
McLeodUSA Telecommunications Services, LLC.
• interconnect with CenturyLink facilities and to provide customers with increased choices among
local telecommunications services.
CenturyLink further requests that the Commission approve this Amendment without a
hearing. Because this Amendment was reached through voluntary negotiations, it does not raise
issues requiring a hearing and does not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this .i.L day of September, 2012.
1.
Lisa A. An\
Attorney for
is
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
McLeodUSA Telecommunications Services, LLC.
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CERTIFICATE OF SERVICE
I hereby certify that on this L&day of September 2012, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
.
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
jjewell@puc.state.id.us
Windstream Communications
Attn: Interconnection Services
4001 Rodney Parham Road
Mailstop: 1170 B1F2-12A
Little Rock, AR 72212
S
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U. S. Mail
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APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
McLeodUSA Telecommunications Services, LLC.
Termination of the Wholesale Service Order Charge Amendment
To the Interconnection Agreement between
Qwest Corporation dba CenturyLink QC
and
McLeodUSA Telecommunications Services, L.L.C.1
for the state of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest
Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and
McLeodUSA Telecommunications Services, L. L.C. ("CLEC"), an Iowa corporation 2
CenturyLink and CLEC shall be known jointly as the "Parties".
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement ("Agreement") for
service in the state of Idaho which was approved by the Idaho Public Utilities
Commission ("Commission");
WHEREAS, the Parties entered into an amendment, dated January 12, 2009 to the
Agreement regarding terms and conditions under which CLEC billed certain charges to
CenturyLink (the, "WSOC Amendment"); and
WHEREAS, the Parties wish to amend the Agreement further to eliminate the WSOC
Amendment under the terms and conditions contained herein.
0 AGREEMENT
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions
contained in this Amendment and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree as follows:
Amendment Terms
The Parties wish to terminate all previously agreed to terms, conditions and rates
entered into in the WSOC Amendment.
Effective Date
This Amendment shall be effective upon Commission approval. However, the Parties
agree to execute these terms and conditions effective May 1, 2012.
Further Amendments
Except as modified herein, the provisions of the Agreement shall remain in full force and
effect. The provisions of this Amendment, including the provisions of this sentence, may
1 The underlying Interconnection Agreement was entered into by McLeodUSA Telecommunications
Services, Inc., which subsequently changed its name to McLeodUSA Telecommunications Services, L.L.C.
. Qwest Corporation's parent company, Qwest Communications International, Inc., was acquired by
CenturyLink, Inc. on April 1,2011. McLeodUSA was acquired by PAETEC on February 8, 2008 and
PAETEC was acquired by Windstream Corp. on December 1, 2011.
July 31, 201 2/kjc/McLeod/ID/CDS-000807-0082
Termination of Wholesale Service Order Charge Amd
not be amended, modified or supplemented, and waivers or consents to departures from
the provisions of this Amendment may not be given without the written consent thereto
by both Parties' authorized representatives. No waiver by any Party of any default,
misrepresentation, or breach of warranty or covenant hereunder, whether intentional or
not, will be deemed to extend to any prior or subsequent default, misrepresentation, or
breach of warranty or covenant hereunder or affect in any way any rights arising by
virtue of any prior or subsequent such occurrence.
Entire Agreement
The Agreement as amended (including the documents referred to herein) constitutes the
full and entire understanding and agreement between the Parties with regard to the
subjects of the Agreement as amended and supersedes any prior understandings,
agreements, or representations by or between the Parties, written or oral, to the extent
they relate in any way to the subjects of the Agreement as amended.
The Parties intending to be legally bound have executed this Amendment as of the dates
set forth below, in multiple counterparts, each of which is deemed an original, but all of
which shall constitute one and the same instrument.
McLeodUSA Telecommunications Qwest Corporation dba CenturyLink QC
Services, L.L.C.
Signature
Kristi Moody
Name Printed/Typed
VP-Law/Corporate LeQal
Title
Signature
L. T. Christensen
Name Printed/Typed
Director - Wholesale Contracts
Title
Date Date
U
July 31, 201 2/kjc/McLeod/ID/CDS-000807-0082
Termination of Wholesale Service Order Charge Amd
4
.
not be amended, modified or supplemented, and waivers or consents to departures from
the provisions of this Amendment may not be given without the written consent thereto
by both Parties' authorized representatives. No waiver by any Party of any default,
misrepresentation, or breach of warranty or covenant hereunder, whether intentional or
not, will be deemed to extend to any prior or subsequent default, misrepresentation, or
breach of warranty or covenant hereunder or affect in any way any rights arising by
virtue of any prior or subsequent such occurrence.
Entire Aureement
The Agreement as amended (including the documents referred to herein) constitutes the
full and entire understanding and agreement between the Parties with regard to the
subjects of the Agreement as amended and supersedes any prior understandings,
agreements, or representations by or between the Parties, written or oral, to the extent
they relate in any way to the subjects of the Agreement as amended.
The Parties intending to be legally bound have executed this Amendment as of the dates
set forth below, in multiple counterparts, each of which is deemed an original, but all of
which shall constitute one and the same instrument.
.
McLeodUSA Telecommunications
Services, L.L.C.
I
-~ r 1-)411
Sgnati, ¼!
Kristi Moody
Name Printed/Typed
VP-Law/Corporate Leaal
Title
Date
Qwest Corporation dba CenturyLink QC
Signature
L. T. Christensen
Name Printed/Typed
Director - Wholesale Contracts
Title
Date
July 31, 2012/kjc/McLeod/ID/CDS-000807-0082
W Termination of Wholesale Service Order Charge Amd