HomeMy WebLinkAbout20121218Amendment.pdfCenturyLink
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IL- i Hi.-T UTILITIES COMM!SC
CenturyLlnkTM
Via Overnight delivery
December 17, 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
•
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation d/b/a CenturyLink
QC is an original and three (3) copies of the Application for Approval of Amendment to the
Interconnection Agreement. CenturyLink 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.
Y,
E.
mep
Enclosure
cc: Service list
0 www.centurylink.com
Lisa A. Anderl(WSBA#13236)
CenturyLink 18 PM 12: 5 1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone (206) 398-2504 I
Facsimile: (206) 343-4040
Lisa.anderl@qwest.com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST CASE NO.: QWE-T-00-07
CORPORATION dlbla 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 dlb/a CenturyLink QC ("CenturyLink") hereby files this Application
for Approval of Amendment to the Interconnection Agreement ("Amendment") which was filed
with the Idaho Public Utilities Commission on November 9, 2000 (the "Agreement"). The
Amendment with McLeodUSA Telecommunications Services, LLC dba PAETEC Business
Services ("PAETEC") 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 PAETEC
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
. to 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 ffL day of December, 2012.
CENTURYLI
WVcw'
Lisa A. Anderl
Attorney for Qwest
C
.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
C
CERTIFICATE OF SERVICE
I hereby certify that on this day of December, 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
Hand Delivery
U. S. Mail
X Overnight Delivery
Facsimile
Email
John Fletcher
PAETEC
12020 Sunrise Valley Dr Ste 250
Reston, VA 20191
Hand Delivery
X U.S.Mail
Overnight Delivery
Facsimile
Leslie Johnson
CenturyLink
.
.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
• ICC V0IP Amendment
to the Interconnection Agreement between
Qwest Corporation dba CenturyLink QC
and
McLeodUSA Telecommunications Services, LLC. dba PAETEC Business Services
for the state of Idaho
This Amendment ("Amendment") is to the Interconnection Agreement between Qwest
Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and McLeodUSA
Telecommunications Services, LLC dba PAETEC Business Services ("CLEC") (collectively, the
"Parties").
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement ("Agreement") for service in
the State of Idaho, that was approved by the Commission; and
WHEREAS, the Federal Communications Commission in Docket No. 01-92, In the Matter of
Developing a Unified Intercarrier Compensation Regime, issued an order that affects the Parties
rights and obligations with respect to the exchange of VolP traffic between CLEC providers and
LECs in addition to revised call signaling rules effective December 29, 2011 ("FCC Order" or
"Order"); and
WHEREAS, the Parties agree to amend the Agreement in response to the FCC Order with the
terms and conditions contained herein.
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 Agreement is hereby amended by replacing and adding terms, conditions, and rates as set
forth in Attachment I and Exhibit A attached hereto and incorporated herein by this reference.
The provisions included in Attachment I are intended to supersede and replace the same
numbered provisions in the Agreement and be added to the Agreement to the extent that the
applicable numbered provision is not currently in the Agreement.
By signature on this Amendment, the Parties have elected to modify existing contract terms in
order to implement the applicable provisions of the above mentioned Order.
Effective Date
This Amendment shall be deemed effective upon Commission approval; however, pursuant to
the Parties Agreement change in law language, the Parties agree to implement the provisions of
this Amendment as of December 29, 2011.
October 10, 201 2/kjcl/McLe0dUSA/ICC VoIP Amendment-Legacy Qwest-ID
Amendment to CDS-000807-0082 (v. 02.07.12)
1
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 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 representative. 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, which may be 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, LLC
dba PAETEC Business Services
//V ~&~
=her
Name Printed/Typed
General Counsel
Title
Date
Signature
L. T. Christensen
Name Printed/Typed
Director -Wholesale Contracts
Title
I27/s/Ia
Date
October 10, 2012Ikjc//McLeodUSNICC VoIP Amendment-Legacy Qwest-ID
Amendment to CDS-000807-0082 (v. 02.07.12)
2
Attachment I
ICC Voice over Internet Protocol (V0IP) Amendment
Notwithstanding anything set forth in the Agreement to the contrary, the following terms and
provisions shall govern the intercarrier compensation between the Parties for the exchange of
VoIP-PSTN Traffic,
Section 4.0 - DEFINITIONS
"VolP-PSTN Traffic" is defined as traffic which is exchanged between the Parties in Time
Division Multiplexing ("TDM") format over PSTN facilities that originates and/or terminates at an
end user location in Internet Protocol ("IP") format.
"Local VolP-PSTN Traffic" is VolP-PSTN Traffic that physically originates and terminates within
the Local Calling Area as determined by the Commission.
"Toll VolP-PSTN Traffic" is VoIP-PSTN Traffic that physically originates and terminates in
different Local Calling Areas as determined by the Commission.
Section 7.0 - INTERCONNECTION
7.2 Exchange of Traffic
7.2.1.3 Local V0IP-PSTN Traffic and Toll VolP-PSTN Traffic may be exchanged under
this Agreement.
7.3 Intercarrier Compensation
7.3.8 Signaling Parameters CenturyLink and CLEC are required to provide each other
the proper signaling information as required by Applicable Law and further clarified by the FCC
Order to enable each Party to issue bills in a complete and timely fashion All CCS signaling
parameters will be provided unchanged including CPN, calling party category, Charge Number
("ChN") and Originating Line Information Parameter (OLIP) on all calls. All privacy indicators
will be honored. The ChN is to be passed unaltered in SS7 signaling fields where it is different
than CPN; ChN must not be populated with a number associated with an intermediate switch,
platform, or gateway, or other number that designates anything other than a calling party's
charge number; and if MF signaling is used by the CLEC then the ChN must be included in the
ANI field if different from the CPN. Where SS7 connections exist, each Party shall pass all CCS
signaling parameters, where available, on each call carried over Interconnection trunks If either
Party fails to provide valid originating information such traffic will be billed as Interstate Switched
Access when the calls traverse an interconnection trunk The Parties will coordinate and
exchange data as necessary to determine the cause of the CPN/ChN failure and to assist its
correction.
7.3.9 VolP-PSTN Traffic
7.3.9.1 Local V0IP-PSTN Traffic
October 10 2012/kjc//McLeodUSA/ICC VoIP Amendment-Legacy Qwest-ID
Amendment to COS 000807-0082 (v 02 07 12)
3
7.3.9.1.1 CLEC and CenturyLink will exchange Local VolP-PSTN Traffic on the
same basis and at the same rates as Exchange Service (EAS/Local) Traffic and such
Local VoIP-PSTN Traffic will be identified as such by using the originating and
terminating call detail information of each call unless the Parties specifically agree
otherwise. This call jurisdiction method described herein is intended by the Parties as a
proxy to determine the jurisdiction of a call, i.e. the actual geographic end points of the
call, and the Parties acknowledge that there may be some circumstances where the
actual geographic end points of a particular call may be difficult or impossible to
determine. At any time during the term of this Agreement, CLEC and CenturyLink may
agree on alternate methods to establish call jurisdiction based on regulatory or
technological evolution. The Parties agree that it is in the best interest of both Parties to
work together in an effort to continue to improve the accuracy of jurisdictional data and
such efforts shall not be reasonably withheld by either Party.
7.3.9.2 Toll V0IP-PSTN Traffic
7.3.9.2.1 CLEC and CenturyLink will exchange Toll VoIP-PSTN Traffic at each
Party's interstate access rates and such Toll VolP-PSTN Traffic will be identified as
InterLATA Traffic or IntraLATA Toll Traffic by using the originating and terminating call
detail information of each call unless the Parties specifically agree otherwise. This call
jurisdiction method described herein is intended by the Parties as a proxy to determine
the jurisdiction of a call, i.e. the actual geographic end points of the call, and the Parties
acknowledge that there may be some circumstances where the actual geographic end
points of a particular call may be difficult or impossible to determine. At any time during
the term of this Agreement, CLEC and CenturyLink may agree on alternate methods to
establish call jurisdiction based on regulatory or technological evolution. The Parties
agree that it is in the best interest of both Parties to work together in an effort to continue
to improve the accuracy of jurisdictional data and such efforts shall not be reasonably
withheld by either Party.
7.3.9.2.1.1 InterLATA Traffic which is Toll VolP-PSTN Traffic will be
exchanged at each Party's interstate access tariff rates. Any Transit Traffic
which is both interLATA and Toll VoIP-PSTN will be exchanged at each Party's
interstate switched access service rate for the elements it provides.
7.3.9.2.1.2 lntraLATA Toll Traffic which is Toll VoIP-PSTN Traffic will be
exchanged at each Party's interstate access tariff rates. Both Parties will use the
Local Interconnection Service Percent V0IP Usage (LIS-PVU) factor in Exhibit A
to determine the amount of IntraLATA Toll Traffic that shall be deemed as Toll
V0IP-PSTN Traffic. The Parties shall also apply the LIS-PVU factor to any
Transit Traffic which is lntraLATA Toll Traffic, which shall be exchanged at
interstate switched access tariff rate. The LIS-PVU factor may be updated by a
further Amendment mutually negotiated by the Parties.
7.3.9.2.1.2.1 The LIS-PVU factor shall be the percentage of total
terminating IntraLATA Toll Traffic which is Toll VolP-PSTN Traffic, that in
the absence of such LIS-PVU, would be billed at intrastate access rates.
The LIS-PVU factor shall be based on information such as the number of
the CLEC's retail VoIP subscriptions in the state based on the Local
Competition Report as released periodically (e.g. as reported on FCC
October 10, 2012/kjI/McLeodUSN1CC VoiP Amendment-Legacy Qwest-ID
Amendment to CDS-000807-0082 (v. 02.07.12)
4
S Form 477) traffic studies, actual call detail, or other relevant and
verifiable information which will be exchanged by the parties
7.3.9.2.1.3 The portion of LIS facilities used for Toll VoIP-PSTN Traffic
will be billed at CenturyLink's interstate access tariff rates after the application of
Relative Use Factor. CenturyLink will use the Local Interconnection Service
Facilities Percent V0IP Usage (LIS-Facility-PVU) factor in Exhibit A to determine
the portion of Entrance Facility, Direct Trunk Transport, and MUX that shall be
deemed the portion of the facility used to carry Toll VolP-PSTN Traffic.
7.3.9.2.1.3.1 The LIS-Facility-PVU factor shall be the percentage of
the total traffic CLEC routes to CenturyLink for termination which is Toll
V0IP-PSTN Traffic. The CLEC shall determine their Toll VoJP-PSTN
Traffic based on information such as the number of the CLEC's retail
VolP subscriptions in the state based on the Local Competition Report as
released periodically (e.g. as reported on FCC Form 477), traffic studies,
actual call detail, or other relevant and verifiable information exchanged
by the parties.
7.3.9.2.1.4 CenturyLink shall provide billing adjustments on a quarterly basis
until such time as billing system modifications can be implemented to apply the
applicable rate to all Toll VoIP-PSTN Traffic on an automated basis. These
adjustments shall not be treated as billing errors under PlO/PAP.
7.3.9.2.1.5 Any factors established by the Parties for the previous sections of
7.3.9.2 shall be based on the particular characteristics of the traffic exchanged
within the State between CLEC and CenturyLink and shall not be subject to
adoption by anyone not a Party to this Agreement, or apply to any other service =
areas.
1 0 October 10, 2012Ikjc//McLe0dUSNICC Vo1P Amendment-Legacy Qwest-ID
Amendment to CDS-000807-0082 (v. 02.07.12)
5
McLeodlLJSA TeecommunatIons Seevkw LLC
dba PAETEC Bui1nes. Swice.
ICC V0IP Amendment Exhibit A
Idaho is
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