20140709Amendment.pdf

CENTURYLINK
1600 7th Avenue, Room 1506
Seattle, Washington 98'191
(205) 73$s1 78
Facsimile [phone]
Maura E. Petercon
Paralegal
Regulatory Law
July 8,2014
P'L:0[l\,/ lr-]
20!r{ JUL -9 PH 2: 38
lDAl-ii.t:' I ,,-i'.:
UI lLlTtES *0l,, u" ; 3 iu:i :
AT7d
Trrv CenturyLink'
Via Overnight delivery
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W est Washington Street
P.O. Box 83720
Boise, Idaho 837 20-007 4
Re: Case No.: QWE-T-00-20
Application for Approval of Amendment to
Interconnection Agreement
Dear Ms. Jewell:
Enclosed for filing are an original and three (3) copies of the ICC Bill and Keep Amendment to
the Type 2 Wireless Interconnection Agreement between Qwest Corporation dba Centurylink
QC ("Centurylink") and Cricket Communications, Inc. for the State of Idaho. CenturyLink
respectfully requests that this matter be placed on the Commission Decision Meeting Agenda for
expedited approval.
Please contact me if you have any questions conceming the enclosed. Thank you for your
assistance in this matter.
Sincerely, Or,\7Uu[$-4-'-
Maura E. Peterson
MEP/jga
Enclosurecc: Todd Norman
Lisa A. Anderl (WSBA#I3236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: (206) 3 43 -4040
lisa. anderl@centurylink. com
BEFORE THE
APPLTCATTON OX'QWEST
CORPORATION dba CENTURYLINK QC
(fMaU S WEST COMMUNICATIONS,
rNC.) FOR APPROVAL OF AN
AMENDMENT TO INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C.
$2s2(e)
RECIi\i*ti
?BI! JUL .9 PH 2: 38
lD.llil F'iilr'i 'i;
'J-i I Lll-l ES :l0i,i i.i i j"';:l itii I
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.: QWE-T-00-20
APPLICATION FOR APPROVAL OF
AMENDMENT TO INTERCONNECTION
AGREEMENT
Qwest Corporation dba CenturyLink QC f/k/a U S West Communications, Inc.
("CenturyLirk"), hereby files this Application for Approval of Amendment to the
Interconnection Agreement ("Amendment") which was approved by the Idaho Public Utilities
Commission on January 26,2001, Order No. 28618 (the "Agreement"). The Amendment with
Cricket Communications, Inc. ("Cricket") 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
APPLICATION FoR APPRoVAL OF AMENDMENT TO INTERCoNNECTIoN AGREEMENT
CTCT T CoMMUNICATIoNS, INc. _Page I
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 Cricket 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 8th day of July,2Ol4.
CENTURYLINK
Attorney for Qwest Corporation dba CenturyLink
QC f/k/a U S West Communications, Inc.
AppIIcaTIoN FoR APPRoVAL oF AMENDMENT To INTERCoNNECTIoN AGREEMENT
CRrcrrr CouutxrcATroNs, INc. -Page 2
CERTIFICATE OF SERYICE
I hereby certify that on this 8ft day of July,2Ol4,I served the foregoing
APPLICATION f,'OR APPROVAL OF AMENDMENT TO TIIE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
47 2 W est Washington Sffeet
P.O. Box 83720
Boise, Idalro 83720-007 4
ij ewell@ouc. state.id.us
Todd Norman
Director Procurement - Network
Cricket Communications, Inc.
10307 Pacific Center Court
San Diego, California 98121
Hand Delivery
U. S. MailXX Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
APPLICATIoN FoR APPRoVAL oF AMENDMENT To INTERCoNNECTIoN AGREEMENT
Crucxrr CouutxrcerroNs, INc. -Page 3
DocuSign Envelope lD: DC7 4E2OC-42A0-47F 3-A125-F681 04874427
lCC Bill and Keep Amendment
to the Type 2 Wireless lnterconnection Agreement
between
Qwest Gorporation dba CenturyLink QG
and
Gricket Communications, lnc.
for the State of ldaho
This Amendment ("Amendment") is to the Type 2 Wireless lnterconnection Agreement by and
between Qwest Corporation dba CenturyLink QC (f/k/a U S WEST Communications, lnc.)
("CenturyLink") and Cricket Communications, lnc. ("Carrier"); (collectively, the "Parties").
RECITALS
WHEREAS, the Parties entered into an lnterconnection Agreement, for service in the State of
ldaho, that was approved by the Commission in 2001 ("Agreement"); and
WHEREAS, the Federal Communications Commission in Docket No.01-92,ln the Matter of
Developing a Unified lntercarrier Compensation Regime, issued an order that changed the
current state of applicable law with respect to, among other things, requirements surrounding
the exchange of traffic between CMRS providers and LECs effective December 29,2011 ('FCC
Ordg/' or "Order""); and
WHEREAS, Carrier has requested to amend the Agreement based on the FCC Order; and
WHEREAS, the Parties agree to amend the Agreement based on 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 adding terms, conditions, and rates as set forth in this
Amendment and Attachment 1, attached hereto and incorporated herein by this reference.
By signature on this Amendment, Canier has elected to modify existing contract terms in order
to implement the applicable provisions of the above mentioned FCC Order.
Effective Date
This Amendment shall become effective on the date of Commission Approval; however, the
Parties agree to implement the provisions of this Amendment effective September 1, 2012
pursuant to the FCC Order and mutual agreement.
June 1 6, 201 4/mms-sg/CrickeUlCC Bil I and Keep/l D
Amendment to CDS-001 1 03-0033
DocuSign Envelope lD: DC74E20C-42A0-47F3-4125-F6810A874A27
Further Amendments
Except as modified herein, the provisions of the Agreement shall remain in full force and effect.
Except as provided in the Agreement, this Amendment may not be further amended or altered,
and no waiver of any provision thereof shall be effective, except by written instrument executed
by an authorized representative of both Parties.
Entire Aqreement
Other than the publicly filed Agreement and its Amendments, CenturyLink and Canier have no
agreement or understanding, written or oral, relating to the terms and conditions for
interconnection.
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.
Cricket Communications, lnc.Qwest Corporation dba CenturyLink QC
n*ri.k*-G#k
Signature
L T Christensen
Name Printed/Typed
Director - Wholesale Contracts
Title
6/24/20L4
Signature
Todd Norman
Name Printed/Typed
Director Procurement - Network
Title
6/23/20L4
Date
June 1 6, 201 4/mms-sg/CrickeUlCC Bill and Keep/lD
Amendment to CDS-001 1 03-0033
DocuSign Envelope lD: DC74E20C-42A0-47F3-A125-F681 0A87M27
Attachment 1
Notwithstanding anything set forth in the Agreement to the contrary, the following terms and
provisions shall govern the exchange of Non-Access Telecommunications Tratfic, as
defined in the Order, between the Parties.
1. General
1.1. Bill and Keep shall mean the originating Party has no obligation to pay terminating
charges to the terminating Party.
1.2. Non-Access Telecommunications Traffic shall have the meaning set forth in 47 CFR
551.701(b) that is originated or terminated as wireless traffic by Carrier's end user.
1.3. Carrier agrees that it will only route traffic from its own wireless end users to
CenturyLink for termination to CenturyLink end users or as Transit Traffic destined for
a third party. ln the event Canier routes any traffic from third parties to CenturyLink in
violation of this paragraph, CenturyLink shall be entitled to seek injunctive relief and to
recover damages, including without limitation, compensation for such traffic at the rate
that is then applicable to intrastate access traffic.
1.4. All other terms not otherwise defined in this Amendment are as defined in the
Agreement.
2. lntercarrier Compensation.
2.1. Bill and Keep shall apply to the exchange of Non-Access Telecommunications Traffic,
solely when such traffic terminates to the end users of one of the Parties. This
compensation anangement shall supersede any previous usage-based terminating
charges of:
2.1.1. End Office Switching/Call Termination, Tandem SwitchingiTandem Switched
Transport, Common Transport, Tandem Transmission charges and/or
equivalent charges (except as provided in Section 2.2.2); or
2.1.2. Any "FCC Opt-ln Compensation" or equivalent charges assessed in
accordance with the interim rates previously prescribed pursuant to the Order
on Remand and Report and Order, FCC 01-131, CC Dockets No. 96-98 and
99-68, adopted April 18,2001 and subsequent orders of the FCC.
2.2. Notwithstanding anything in this Amendment or in the Agreement to the contrary, Bill
and Keep shall not apply to the right of CenturyLink to be compensated for:
2.2.1. Transit Traffic that transits a CenturyLink Tandem. Such Transit Traffic shall
be at the same rates that existed prior to this Amendment, and any adjustment
to reciprocal compensation rate element(s) that are assessed by a Party for
terminating Non-Access Telecommunications Traffic pursuant to the Order
shall not apply for purposes of calculating the rate(s) to be charged by
CenturyLink for providing a Transit Service.
2.2.2 Common Transport for lndirect Traffic which is originated by Carrier and
terminated to CenturyLink. Such Common Transport rate shall be at the same
rates that existed prior to the Amendment, and any adjustment to reciprocal
June 1 6, 201 4/mms-sg/CrickeVlCC Bil I and Keep/l D
Amendment to CDS-001 1 03-0033
DocuSign Envelope lD: DC74E20C-42A0-47F3-A125-F6810A87AA27
compensation rate element(s) that are assessed by a Party for terminating Non-
Access Telecommunications Traffic pursuant to the Order shall not apply for
purposes of calculating the rate(s) to be charged by CenturyLink for providing
Common Transport associated with lndirect Traffic.
3. Traffic Delivery Arrangements. For purposes of determining the relevant network points for
delivery and exchange of traffic pursuant to this Amendment, the Parties acknowledge and
agree as follows:
3.1. Tandem Management.
3.1.1. When Transit Traffic originated by a third party is routed through a CenturyLink
Tandem to Carrier, and the third party rural incumbent local exchange carrier
("rural ILEC') is not legally obligated to compensate CenturyLink for the Transit
Service provided in transporting the traffic to Carrier as a result of paragraph
999 of the FCC Order, then Carrier will either:
3.1.1.1. Establish direct interconnection with such third party rural ILEC; or
3.1.1.2. Pay the Transit charges for such traffic.
3.1.2. Carrier agrees not to route Transit Traffic to a non-CenturyLink Tandem when
the NPA-NXX of the number called is rated within CenturyLink's tandem
serving area, and Canier shall reimburse CenturyLink for any terminating
compensation charged to CenturyLink by a third party terminating canier as a
result of any such double tandem Transit Traffic routed by Carrier. ln addition,
Carrier will be financially responsible for any Transit charges of CenturyLink on
such traffic.
3.1.3. To the extent network and contractual arrangements exist with all necessary
parties throughout the term of the Agreement, CenturyLink Transit Services are
available solely at the CenturyLink Tandem providing the Transit Service for
those third party carriers that are listed in the LERG as subtending that
CenturyLink Tandem and are directly connected to the same CenturyLink
Tandem.
3.1.4. ln the event Transit Traffic routed by Carrier is blocked by a third party, the
Parties understand and agree that it is the sole responsibility of Carrier to
resolve the dispute. Canier acknowledges that CenturyLink does not have any
responsibility to pay, and Carrier indemnifies CenturyLink against any third-pafi Telecommunications Carrier charges for termination of any identifiable
Transit Traffic routed to CenturyLink by Canier.
4. Price Sheet Revisions. For purposes of reflecting the Bill and Keep arrangement in Section
2 above and the rates for third party originated Transit Service in accordance with Section
3.1 above, the Agreement is hereby amended by deleting in its entirety the schedule of rates
and charges set forth in Part G of the Agreement (or in any other schedule, attachment or
exhibit to the Agreement where the rates and charges under the Agreement are set forth),
and replacing it with Exhibit A attached hereto. lt is understood and agreed by the Parties
that Exhibit A reflects the rates and charges which are currently being billed and paid by the
Parties, except as the same have been modified by Section 2 and Section 3 above, and that
neither Party will seek billing adjustments for past periods based upon the rates shown on
the attached Exhibit A that have been historically charged and paid for the period up to and
June 16, 2014/mms-sg/CrickeUlCC Bill and Keep/lD
Amendment to CDS-001 1 03-0033
DocuSign Envelope I D : DC74E20C- 42AO-47 F 3- A'l 25-F68 1 0A87AA27
including the date of this Amendment, except for any billing adjustments which may be
necessary or appropriate to give effect to Section 2 and Section 3.1 above as of the date
this Amendment is implemented.
5. Reservation of Rights. Notwithstanding anything in this Amendment or in the Agreement to
the contrary, and notwithstanding the execution of this Amendment by the Parties,
CenturyLink reserves the absolute right to charge and collect any compensation that it
would otherwise have been entitled to in the absence of the FCC Order or this Amendment,
and this Amendment shall immediately become void ab initio, if the application of the Bill
and Keep compensation framework within the FCC Order is in any way stayed or modified
or subsequently determined by the FCC or a court of competent jurisdiction to be
discriminatory, unfair, or otherwise improper, unlawful, unenforceable, without adequate
legal support or inapplicable.
June 1 6, 2014lmms-sg/CrickeUlCC Bill and Keep/lD
Amendment to CDS-001 1 03-0033
Docusign Env€lope lD: OC74E2OC-42A047F3A125-F€61OAA7 AAAT
Cricket Communications. lnc.
Qwest ldaho
Revised December 10, 2013
Wireless Type 2 Exhibit A
ldaho
IAfisddmiltI Options Bill and KiicD Notes
a:t;::frY4rr!:aata
io nterconnection
1 Entrance Facilities
6.1.1 DS1 103.6 s208_3 A
16 1 2 lDS3 s524 A s277 7
i.2 EICT
6.2.1 Per DSI $0.0(s0.0(A A
6.2.2 Per DS3 s0.0(s0.0(B B
i.3 'ect Trunked TransDort
t.3.1 DSo (Recurinq Fixed & per Mile)A A
6.3.1.1 lover O to 8 Miles s24.6i A A6.3.1.2 Over 8 to 25 Miles s24.6(A A
6i.3.13 over 25 to 50 tvliles s24 A
ffi s?4
6.3.2 )S1 (Recurino Fixed & oer Mile)
i.3.2.1 Over0to8Miles s37.3t $1.2s1 A A
6.3.2.2 Over I to 25 Miles s37.3t $1.821 A
6.3.2.3 Over 25 to 50 Miles A
41, i
6.3.3 DS3 (Recunino Fixed & oer Mile)
6,3.3.1 Over0to8Miles Ji25 /.',I $19.4s1 A A
2 Over I to 25 Miles 4(A A
333 Over 25 to 50 Miles
t6334 .)vcr 50 Miles
t.4 MultiDlexino
6.4.1 )S1 to DSo $263.8{s'193.3(A A
6.4.2 )S3 to DSI s304.2:,s193.3(A
i-5 Trunk Nonraclrrrind Char
t.5.'1.1 FiBt Trunk $229.4(A
).5.1.2 Each Additional Trunk s5.4(
6.5.2 DS3 lnterface
5? 1 iFl Tnrnk t1
16 52 2 lEech Addiiional Trunk sl't
6.5.3 frunk Routino Chanoe. oer Tvoe 2 Trunk Group
;.5.3.1 2A Direct Final to Altemate Final $74.61 1
t.s.3.2 Tvoe 2 Roulino Translation Chanoe $74.61 1
Ancillaru frunks
661 )na-Wrv .)ld C)nlv Ancillaru Tnrnks oer Tnrnk
t6.6.1.1 ldaho - North s20 s43 n
i_6.1.2 ldaho - South6.6.1.2.'l lzone'l sl1.5(s't 17_5(66122 lzone2 $117
6 61 23 llone3 $117
6.7 lntentionallv Left Blank
6.8 lnlenlionallv Left Blank
6.9 Miscellaneous charoes
,.9.1 Cancellation Charge CenturyLink QC's
ldaho Access
Seruice Catalog
i.9.2 Expedite Charge CenturyLink OC'r
ldaho Access
Service Catalog
3.9.3 Additional Testing uenturyLtnK uu !
ldaho Access
Service Cataloo
6.10 fransil Traffic
't0.1 Local Transit lAssumed Mileeoe = 7 Miles) . oer Minute of Ljse $0.0014
102 llntral ATATollTrensil PerMinrileof [,se so
10.3 rhird Partv orioinated Local Transit Traflic (Assumed Mileaqe =Miles). Per Minute of Use $0.0014033 A.#&C
i.10.4 Third Partv Orioinated lntraLATA Toll Transit. Per Minute of Us($0.00285i 1&C
11 Jointlv Providad Switched Access Services
Page I of 3
Docusign Envelopo lD: OC7 4E2OC42AO47FUA125-F6810A87A427
Cricket Communications, lnc.Wireless Type 2 Exhibit A
ldaho
,,rrffi
"ffi#tffit;cc*s Records. mr Remrd s0.001487;
i.12 nterMTA Traffic centuryLink
QC's FCC
Switched
Acmss Tarifl
i.r 3 nteriilTA Traffic CenturyLink
OC's FCC
Switched
Acess Tariff
12.',|rercenla@ of M-L lnterMTA Usaoe
12.2 rercentaoe of L-M lnterMTA Ljsaoe 't00/o
16.{ 3 ,ercent Local llsede Facfors
33.270/"
aN saruaces
1 6frhilitv
'l 1 -NP Queries See ruu r ann
#1 Section '13 &
20
o@ ruu I antr
#1 Section 13 E
20
1 lls
ral Menaoed (;[ls Der PeBon oer Hall Hour A
1.2.2 Overlime Manaoed Cuts. oer Person. oer Half Hour
).1.2.3 Premium Manaoed Cuts. Der Person. oer Hal
9.2 t.t I E9l No Charoe No Charoe
93
qr.{ccess to Poles. Ducts. Conduits and Riohts a
,.4.1 Pole lnouiru Fee. Der lnouirv
1.4.2 nnerducl lnouiru Fee- oer lnouiry 233.5
, lnolraru Fee oer I
4 m Fee 22.5
4 ealion
4.6 ield Verification Fee. Der
,.4.7 Planner Verification- oer Manhole
).4.4 Vanhole Verification lnsDeclor. Der Manhol€$92.1t
radv lnsDeclor. oer Manhole
4
L 11 r All2chmant Fce der Fool ner Yeer
4 nnerduct
).4.12.'l ntentionallv Left Blank
9.4.12.2 nnerducl Omuoancv Fee. oer Foot. Der Year $0.31
).4.1 cess Aoreemenl Consideralion s10.0(A
4 4 tct 3
u I a,ft Bhnk
11.0 Access to ODerational SuDoort Svstems IOSS)
1-'l )eveloDment and Enhancements- mr Order A
11_2 ralet $'t.4(
,t? ,l frouble lsolation
12.1.1 Maintenance of Service for nonQwest Trouble, oer Half Hour or fraction
12.1.1.1 vlaintenance of Seryice - Basic $28.1 A
I rnance of Seruice - Overlime s38.5r A
I iinlenance (ervice - Premium M8.2r A
s87.Sr A
t3.0 lntentionallY Left Blank
14.0 lntentionallv Left Blank
16.0 lBona Fide ReouestProcess.t6.t )reessino Fe
l7-0 llntentionallv Left Blank
Revised Decembe|lo, 20'13 Page 2 of 3
D@usqn Envelopo lO: DC74E20C-42AO.47F1A125-Fe€1OAA7 lO27
Cricket Communications, lnc.Wireless Type 2 Exhiblt A
ldaho
W
t9.o tcI 3 3
Jnless olh€Mise indieted. all rates are oursuanl to ldaho Public Utilites Commission Dockets:
A lost Dmket OWE-T41 -l 1 . Order No- 29408 (Januarv 5. 2004) rates effaclive Januarv 5. 2004.
B lost Dmket OWE-T41-i 1. Order No. 29408 (Januarv 5. 2004) rates eiffectiv€ Januaru 5. 2004
c :CC Dock€t No. o'l-92 Efieclive 12-2$11
#y'olunlarv Rale Reducjion Dockel USW-T40-3- effective 6/10/02. Reduclions reflected in the 5/24102 Exhibit A.
ffi fhird Voluntarv Flatc FledrrJion Dmket USW-T{O-3. effeclive 12116n2. Reductions reflec-ted in the 10/i6/02 Exhibit A.
1 Qales nol addhsse.l in cosl
3 CB lnr esa
4 Qalcs nar
5 ric uoon in 271 workshoos
6 Ihe provision of transiiing services is not required pursuant to Section 251 ot lhe Telecommunications Act. Qwest has chosen to offer this service as part of its
nt-m^6^^^1i^^ 6^6^a^61 hr il rh;. -^^,i-6 i6 ^^+ 16^r 'ir-i +^ h6 ^A-^A -n-^,Ai^^ l^ - TEI Dl^ m6ah^i^l^^-
Qwest ldaho
Revised Decembe|lo, 2013 Page 3 of 3