20150109Amendment.pdf

CENTURYLINK
1600 7th Avenue,Room 1506
Seattle,Washington 98191
[phone]
Facsimile [phone]
Maura E.Peterson
Paralegal
Regulatory Law
R C Ft \!E
Z{H5 —)AM It):05
UTIITirEC D
CenturyLink®
January 7,2015
Jean Jewell,Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O.Box $3720
Boise,Idaho $3 720-0074
Re:Case No.:QWE-T-OO-20
Application for Approval of Amendment to
Interconnection Agreement
Dear Ms.Jewell:
Via Oi’eritight delivery
Enclosed for filing are an original and three (3)copies of the Triennial Review Order and
Triennial Review Remand Order (“TRO/TRRO”)Amendment to the Interconnection Agreement
between Qwest Corporation d/b/a CenturyLink QC 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 concerning the enclosed.Thank you for your
assistance in this matter.
Maura E.Peterson
MEP/jga
Enclosure
cc:Sheila Paananen
rrf imLisaA.Anderl (WSBA#13236)
CenturyLink
1600 7thAve,Room 1506 -9 it1 tOt 05
Seattle,WA 98191 -
Telephone [phone] U7lLiTH c’tJR
facsimile:[phone]
[e-mail]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST CASE NO.:QWE-T-OO-20
CORPORATION dba CENTURYLINK QC
(f/k/a U S WEST COMMUNICATIONS,APPLICATION FOR APPROVAL OF
INC.)FOR APPROVAL OF AN AMENDMENT TO INTERCONNECTION
AMENDMENT TO INTERCONNECTION AGREEMENT
AGREEMENT PURSUANT TO 47 U.S.C.
§252(e)
Qwest Corporation dba CenturyLink QC f/ida U S West Communications,Inc.
(“CenturyLink”),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
CRICKET COMMUNICATIONS,INC.—Page 1
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 7th day of January,2015.
APPLICATION FOR APPROVAL Of AMENDMENT TO INTERCONNECTION AGREEMENT
CRICKET COMMUNICATIONS,INC.—
CENTUR’
Lisa A.Anderl
Attorney for Qwest Corporation dba CenturyLink
QC f/k/a U S West Communications,Inc.
Page 2
CERTIFICATE OF SERVICE
I hereby certify that on this 7th day of January,2015,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
_______
Hand Delivery
Idaho Public Utilities Commission
_______
U.S.Mail
472 West Washington Street XX Overnight Delivery
P.O.Box 83720
______
Facsimile
Boise,Idaho 83 720-0074 Email
[e-mail]
Sheila Paananen
______
Hand Delivery
Lead Carrier Relations Manager XX U.S.Mail
Cricket Communications,Inc.
_______
Overnight Delivery
10307 Pacific Center Court facsimile
San Diego,California 98121 Email
.4”
Josie A dingf’on
APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT
CRICKET COMMUNICATIONS,INC.—Page 3
DocuSign Envelope ID:6CEC21 1 1-C7C1-4589-B853-8ABB5ID21 14F
Triennial Review Order and Triennial Review Remand Order
(“TROITRRO”)Amendment
to the Interconnection Agreement between
Qwest Corporation dlbla CenturyLink QC and
Cricket Communications,Inc.
for the
State of Idaho
This is an Amendment (‘Amendment”)to incorporate the Triennial Review Order (‘TRO”)and
the Triennial Review Remand Order (“TRRO”)into the Interconnection Agreement between
Qwest Corporation d/b/a CenturyLink QC (“CenturyLink”),formerly known as U S WEST
Communications,Inc.,a Colorado corporation,and Cricket Communications,Inc.,a subsidiary
of AT&T Mobility II,LLC (“Cricket”).Cricket and CenturyLink shall be known jointly as the
“Parties.”
RECITALS.
WHEREAS,Cricket and CenturyLink entered into an Interconnection Agreement (such
Interconnection Agreement,as amended to date,being referred to herein as the “Agreement”)
for services in the state of Idaho which was approved by the Idaho Commission (“Commission”);
and
WHEREAS,the Federal Communications Commission (“FCC”)subsequently promulgated new
rules and regulations pertaining to,among other things,the availability of unbundled network
elements (“UNEs”)pursuant to Section 251(c)(3)of the Telecommunications Act of 1996 (the
“Act”)in its Report and Order In the Matter of Review of the Section 251 Unbundling Obligations
of Incumbent Local Exchange Carriers;Implementation of the Local Competition Provisions of
the Telecommunications Act of 1996;Deployment of Wireline Services Offering Advanced
Telecommunications Capability,CC Docket Nos.01-338,96-98 and 98-147,(effective October
2,2003)(“TRO”);and
WHEREAS,on February 4,2005,the FCC released the Review of the Section 251 Unbundling
Obligations of Incumbent Local Exchange Carriers,Order on Remand (Triennial Review
Remand Order)(FCC 04-290)(“TRRO”),effective March 11,2005,which further modified the
rules governing CenturyLink’s obligation to make UNEs available to wireless carriers under
Section 251(c)(3)of the Act;and
WHEREAS,the TRO and TRRO Decision,individually and together (“Decisions”)materially
modify CenturyLink’s obligations under the Act with respect to,among other things,
CenturyLink’s requirement to offer access to SS7 signaling as an unbundled network element
under the terms and conditions of an interconnection agreement;and
WHEREAS,May 13,2003 the U.S.District Court in Colorado issued an entry of judgment and
order affirming a private arbitration award finding that Cricket and its affiliates are not required to
pay CenturyLink and its affiliates for any SS7 signaling or ISUP charges,and that such charges
are not set forth or contemplated under the Parties’existing Agreement(s),and that continued
assessment of such charges would constitute a “continuing violation”of the Agreement(s).
WHEREAS,the Parties wish to amend the Agreement to incorporate certain terms which reflect
specific principles articulated by the FCC in the Decisions hereby agree to do so under the
terms and conditions contained herein.
December 20,2014/kjc/4-20-05-TRO and TRRO Amendment/cricket/ID
Amendment to CDS-001 103-0033 1
DocuSign Envelope ID:6CEC21 11 -C7C1 -4589-B853-8ABB51 D21 1 4F
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:
I.Amendment Terms.
The Agreement is hereby amended by deleting Section (B)2.2.6.1 of the Agreement,and
replacing it with the language set forth in Attachment 1,attached hereto and incorporated herein
by this reference.
II.Limitations.
Nothing in this Amendment shall be deemed an admission by CenturyLink or Cricket concerning
the interpretation or effect of the Decisions,nor rules,regulations,interpretations,and appeals
thereof,including but not limited to state rules,regulations,and laws as they may be issued or
promulgated regarding the same.Nothing in this Amendment shall preclude or estop
CenturyLink or Cricket from taking any position in any forum concerning the proper
interpretation or effect of Decisions or concerning whether the Decisions should be changed,
vacated,dismissed,stayed or modified.
Ill.Conflicts.
In the event of a conflict between this Amendment and the terms and conditions of the
Agreement,this Amendment shall control,provided,however,that the fact that a term or
provision appears in this Amendment but not in the Agreement shall not be interpreted as,or
deemed a grounds for finding,a conflict for purposes of this Section III.
IV.Scope.
This Amendment shall amend,modify and revise the Agreement only to the extent such
revisions are specifically set forth in Section I and Attachment 1 of this Amendment.Other than
specific revisions described in Section I Attachment 1 of this Amendment the terms and
provisions of the Agreement shall remain in full force and effect after the execution date.
V.Effective Date.
This Amendment shall be deemed effective upon approval by the Commission.The Parties
agree to implement the provisions of this Amendment upon execution (“execution date”).
VI.Further Amendments.
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.
December 20,201 4/kjc/4-20-05-TRO and IRRO Amendment/Cricket/ID
Amendment to CDS-OO1 103-0033 2
DocuSign Envelope ID:6CEC21 11 -C7CJ -4589-B853-8ABB51 D21 1 4F
VII.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.
Cricket Communications,Inc.Qwest Corporation dibla CenturyLink QC
—OocuSigned by:O5E9fC68D57454...
tiL
________________________________________________
DocuSiined By:L T Christensen
Signature Signature
Sheila Paananen L.I.Christensen
Name Printed/Typed Name Printed/Typed
Lead Carrier Relations Manager Director —Wholesale Contracts
Title Title
1/5/2015 1/5/2015
Date Date
December 20,201 4/kjc/4-20-05-TRO and TRRO Amendment/Cricket/ID
Amendment to CDS-001103-0033 3
DocuSign Envelope ID:6CEC21 1 1-C7C1-4589-B853-8ABB5J D21 14F
Attachment I
New Section 1.0,Part D
1.0 Unbundled Network Elements
1.1 This amendment modifies Section (B)2.2.6.1 of the Parties Agreement to
remove a reference to UNE5 and to clarify that Out of Band SS7 signaling will be
provided by CenturyLink as a finished service pursuant to the terms of CenturyLink Local
Operating Companies Tariff No.11.
1.2 As of the execution date of this Amendment,Cricket shall not order,and
CenturyLink will not provide,any SS7 signaling on an unbundled basis pursuant to
Section 251 of the Act:
1 .3 Existing services.
1 .3.1 Under the current Interconnection Agreement Cricket currently receives
unbundled SS7 signaling from CenturyLink without charge pursuant to the
reciprocal traffic exchange provisions (Part B)of the Agreement.Within ninety
(90)calendar days of execution of this Amendment,Cricket will submit orders to
CenturyLink to transition its SS7 signaling to the applicable tariff rates,terms and
conditions.Within thirty (30)calendar days of submitting orders as discussed in
this Section 1.3.1,Cricket will file a Percent Other Message (“POM”)factor based
on its internal data to apply to services received under the applicable tariff (FCC
Tariff No.11).CenturyLink will review Cricket’s filing and if it comports to
CenturyLink’s review of data for actual traffic exchanged between the Parties,
agree to it and implement it pursuant to the tariff.
1.3.2 If Cricket does not issue orders to CenturyLink within 90 days of
execution of this Amendment,CenturyLink will make the conversion to the
applicable tariff pricing for SS7 signaling within the next 30 days thereafter.
CenturyLink will not charge Cricket for any costs,fees or expenses arising from
such conversion.
New Section (B)2.2.6.1
(B)2.2.6 Signaling Options
(B)2.2.6.1 SS7 Out of Band Signaling
SS7 Out of Band Signaling (SS7)is required to be used for Type
2 trunks.SS7 should be requested on the order for new Type 2
trunks.SS7 signaling may not be used on Type 2 Equal Access
trunks,unless the SS7 Cell Feature has been deployed in affected
End Offices.In offices where the SS7 Cell Feature has been
deployed,the Parties will use SS7 for all Type 2 trunks.
Common Channel Signaling Access Capability (CCSAC)Links are
available as a finished service from the CenturyLink Local
Operating Companies FCC Tariff No.11,or may be ordered from
a third party.
December 20,201 4/kjc/4-20-05-TRO and IRRO Amendment/Cricket/ID
Amendment to CDS-001 103-0033 4