20150120Amendment.pdf

CENTURYLINK
1600 7th Avenue, Room 1 506
Seattle, Washington 98'191
(206) 733-s178
Facsimile [phone]
Maura E. Peterson
Paralegal
Regulatory Law
January 19,2015
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sI74
Trrv Centurylink'
Via Overnight delivery
Jean Jewell, Secretary
Idaho Public Utilities Commission
47 2 W est Washington Street
P.O. Box 83720
Boise, Idaho 83720-007 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 No.
2totheType2 Wireless Interconnection Agreement between Qwest Corporation dba
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 have any questions concerning the enclosed. Thank you for your
assistance in this
Sincerely,
Maura E.
MEP/jga
Enclosure
cc: Sheila Paananen
Lisa A. Anderl (WSBA#I 3236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: (206) 343 -4040
lisa. anderl@centurylink. com
APPLICATION OF QWEST
CORPORATION dba CENTURYLINK QC(flUr U S WEST COMMUNICATIONS,
rNC.) FOR APPROVAL OF Ar\
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.: QWE-T-00-20
APPLICATION FOR APPROVAL OF
AMENDMENT TO INTERCONNECTION
AMENDMENT TO INTERCONNECTION I AGREEMENT
AGREEMENT PURSUANT TO 47 U.S.C.
$2s2(e)
Qwest Corporation dba CenturyLink QC f/k/a U S West Communications, [nc.
("CenturyLink"), hereby files this Application for Approval of Amendment to the
Interconnection Agreernent ("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
AppTIceTIoN FoR APPRoVAL OF AMENDMENT To INTERCoNNECTIoN AGREEMENT
Cnlcxrr CouuutuceuoNs, 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 concem other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this l9m day of January,2015.
APPLICATIoN FoR APPRoVAL oF AMENDMENT TO INTERCoNNECTIoN AGREEMENT
Crucxrr CouuuNIcluoNs, INC. -
QC f/s/a U S West Communications, lnc.
CERTIFICATE OF SERYICE
I hereby certiff that on this 19ft day of January,20l5,I served the foregoing
APPLICATION F'OR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
47 2 W est Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
jj ewell@ouc. state.id.us
Sheila Paananen
Lead Carrier Relations Manager
Cricket Communications, [nc.
10307 Pacific Center Court
San Diego, Califomia 98121
Hand Delivery
U. S. MailXX Overnight Delivery
Facsimile
Email
Hand DeliveryXX U. S. Mail
Overnight Delivery
Facsimile
Email
APPLICATIoN FoR APPRoVAL oF AMENDMENT TO INTERCONNECTION AGREEMENT
CrucxEr CouMt NIcATroNs, INc. -Page 3
DocuSign Envelope lD: 4FBCE79C-1 9F8-4962-AF2D-95690368FB7A
ICC Bill and Keep Amendment No. 2
to the Type 2 Wireless lnterconnection Agreement
between
Qwest Gorporation dba CenturyLink QC
and
Cricket Communications, lnc.
for the State of ldaho
This Amendment No. 2 ("Amendment No. 2") 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. ("Carried');
(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 Matterof
Developing a Unified lntercanier 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
Orde/' or "Order""); and
WHEREAS, the Parties amended the Agreement based on the FCC Order in June of 2014
(Amendment No.1"); and
WHEREAS, the Parties agree to further 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 No. 2 and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the Parties agree as follows:
Amendment Terms
Amendment No 1 is hereby replaced in its entirety by this Amendment No. 2, and the
Agreement is hereby amended by adding terms, conditions, and rates as set forth in this
Amendment No. 2 and Attachment 1, attached hereto and incorporated herein by this reference.
By signature on this Amendment No. 2, Carrier has elected to modify existing contract terms in
order to implement the applicable provisions of the above mentioned FCC Order.
Effective Date
This Amendment No. 2 shall become effective on the date of Commission Approval; however,
the Parties agree to implement the provisions of this Amendment No. 2 effective September 1,
2012 pursuant to the FCC Order and mutual agreement.
January 12, 201 5l mms-sg/C rickeUl CC Bil I and Keep/l D
Amendment to CDS-001 1 03-0033
Docusign Envelope lD: 4FBCE79C-1 9F8-4962-AF2D-95690368F874
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 No. 2 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 Carrier 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 No. 2 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.
Gricket Communications, I nc.Qwest Corporation dba CenturyLink QC
mru*,,"
Signature
Todd Norman
Name Printed/Typed
Director Procurement - Network
Title
L/L2/20Ls
Date
January 1 2, 201 5l mms-sg/CrickeUl CC Bill and Keep/l D
Amendment to CDS-001 1 03-0033
e::**
Signature
L. T. Christensen
Name Printed/Typed
Director - Wholesale Contracts
Title
L/L3/20L5
Docusign Envelope lD: 4FBCE79C-1 9F8-4962-AF2D-9569036BF87A
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 Traffic, as
defined in the Order, between the Parties.
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 Carrier 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 No. 2 are as defined in the
Agreement.
I ntercarrier 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 arrangement shall supersede any previous usage-based terminating
charges for End Office Call Termination, Tandem Switched Transport, Tandem
Transmission charges and/or FCC - ISP Rate Caps listed in Exhibit A of the
Agreement.
2.2. Notwithstanding anything in this Amendment No. 2 or in the Agreement to the contrary,
Bill and Keep shall not apply to the right of CenturyLink to be compensated for Transit
Traffic that transits a CenturyLink Tandem. Such Transit Traffic shall be at the same
rates that existed prior to this Amendment No. 2, and any adjustment to reciprocal
compensation rate element(s) that are assessed by a Pafi 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.
3. Traffic Delivery Arrangements. For purposes of determining the relevant network points for
delivery and exchange of traffic pursuant to this Amendment No. 2, the Parties acknowledge
and agree as follows:
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:
January 1 2, 2O1 5l mms-sg/C rickeUl CC Bill and Keep/l D
Amendment to CDS-001 1 03-0033
1.
2.
DocuSign Envelope lD: 4FBCE79C-1 9F8-4962-AF2D-95690368F87A
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 Carrier shall reimburse CenturyLink for any terminating
compensation charged to CenturyLink by a third party terminating carrier 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. Carrier acknowledges that CenturyLink does not have any
responsibility to pay, and Carrier indemnifies CenturyLink against any third-
party Telecommunications Carrier charges for termination of any identifiable
Transit Traffic routed to CenturyLink by Carrier.
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
including the date of this Amendment No. 2 , 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 No. 2 is implemented.
Reservation of Rights. Notwithstanding anything in this Amendment No. 2 or in the
Agreement to the contrary, and notwithstanding the execution of this Amendment No. 2 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 No. 2, and this Amendment No. 2 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, unlavvful, unenforceable,
without adequate legal support or inapplicable.
January 12, 2015/mms-sg/CrickeUlCC Bill and Keep/lD
Amendment to CDS-001 1 03-0033
4.
5.
Do@Sisn Envelope lD:,{FBCETgC-'l 9F8-4962-AF2D-S569030BF87A
Cricket Communications. lnc.
Owest ldaho
Revised December 10, 2O13
Wireless Type 2 Exhibit A
ldaho
funondment Option8 Bill and Keep Notes
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i.3.1 0 lRecurino Fixed & oer Mile)
311 overotoSMrles s24.6i $0.2(A
312 C}ver I to 25 Miles s24.6($0.2:A A
3.1.3 uer )5 16 ts A
).3.1.4 Over 50 Miles t21
6.3.2 DS1 (Recunino Fixed & per Mile)Tes2l To"erotoEirites s3 /.3:$1.2!A
a3? 9 Ov6r 8 to 25 Miles A
6.3.2.3 Over 25 to 50 Miles
6.3.2.4 Over 50 Miles A
i.3.3 Ils3 (Recumno Fixed & per Mrle)ffi s25/.1 t s19.4t
6.3.3.2 lOver E to 25 Miles
6.3.3.3 )ver 25 to 50 Miles 7
6.3.3.4 )ver 50 Miles s26
i.4 Multiolerind
1 LDSI t6 s263.8{$ 1 93.3(
.4.2 DS3 to DSI s3(x s1
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6.5.2 )S3 lnterface
i.5.2.1 :irst Trunk 7
J.5.2.2 iach Additional Trunk s11
3 Rdilind Chande oerTvoe 2 Trunk Grouo
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t.5.3.2 fvDe 2 Routino Iranslalion Chanoe I
Ancillarv Trunks
166t One-Wav Oul Onlv Ancillaru Trunks- oer Trunk
rrlh $20.6€M3.0(
.6.1.2 ,-6.1.2.1 Zone 1 11i.6.1.2.2 Zone 2 17 1t
.6.1.2.3 Zone 3 s12.6C $'117.5(
67 I efl Fllrnl
6.8 lntentionallv Left Blank
t.9 l,iscellan@us Charoes
t.9.1 Sancellaiion Charge ienluryunK uu s
ldaho Access
Service Calalo0
i.9.2 :xpedite Charge -enluryLlnK Llu s
ldaho Access
Service Catalog
i.9.3 {dditional Testing CenturyLink QC's
ldaho Access
Service Cataloo
i-lo franslt Traffic
Local Transit lAssumed Mileaoe = 7 Miles) . oer Minute of use $0.00'14033 A&#
lntrel ATA dll Taansil Per Minule of Use so.00285i 1
10.3 Third Partv Orioinated Local Transit Trafic (9a. irinrila ^f I laa so 0o14033 C
10.4 Third Partv Orioinated lntraLATA Toll Transit. Per Minute of Use $o 1&
11 -ldintlv Provida.l Swif.h.d Acceaa Serulcca
Page 1 of3
Cricket Communications. lnc Wireless Type 2 Exhibit A
Revised December 10, 2013 Page 2 oI 3
Doasign Envelope lD: 4FBCE79C-1SF&4962-AF2D-9569036BFB74
Cricket Communications, lnc.Wireless Type 2 Exhibit A
ldaho
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is otherwise indicated, all rates are pursuant to ldaho Public Utilites Commission Dockets:
Docket oWE-T-o1-1 l. order No. 29408 (Januarv 5. 2004) rates effective Januarv 5. 2004
B lost Docket QWE-T-o1-'l 1, Order No. 29408 (January 5, 2004) rates effective January 5, 2004
C :CC Docket No.01-92 Efiective 12-29-11 | I I
I
#T-00-3, effective 6/10/02. Reductions reflecled in the 5/24102 Elhibit A.
ffi JSW-T-OG3. effective 12n6n2. Reduc-lions reflected in the 10/16/02 E)dribit A.
I
1 lates nol addressed in cost docket (TELRIC-based costs where required.)
2 \rarke-l-hased rates
5 iate Aoreed uoon in 271 workshoos
6 fhe provision of transiting services is not required pursuant to Section 251 of the Telecommunications Act. Qwest has chosen to offer this service as part of its
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Owest ldaho
ReMsed December 10, 2013 Page 3 of 3