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HomeMy WebLinkAbout20121217Amendment.pdfCenturyLink S 1600 7th Avenue, Room 1506 Seattle, Washington 98191 (206) 733-5178 Facsimile (206) 343-4040 Maura E. Peterson Paralegal Regulatory Law u - - i g CenturyLlnkTM 1-012 DEC 17 AMIO:02 CV iD -- UTILIT::ES Via Overnight delivery December 14, 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-01-1 Application for Approval of Amendment to the Interconnection Agreement 0 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. Maura E. Peterson mep Enclosure cc: Service list 9 www.centurylink.com • Lisa A. Anderl (WSBA# 13236) CenturyLink 1600 7th Ave, Room 1506 Seattle, WA 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Lisa.anderl@qwest.com BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORATION dlbla CENTURYLINK QC FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e) CASE NO.: QWE-T-01-1 APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Qwest Corporation dlb/a 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 February 27, 2001 (the "Agreement") The Amendment with Washington RSA No. 8 Limited Partnership do Inland Cellular its General Partner ("Washington RSA No. 8 Limited Partnership") 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 APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1 • Washington RSA No. 8 Limited Partnership 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 thjublic interest. Respectfully submitted this 11 day of December, 2012. CENTURY K L 7G~r Lisa A And Attorney for Qwest . APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 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 James K. Brooks Inland Cellular Telephone Company P0 Box 688 Roslyn, WA 98941 Hand Delivery X U. S. Mail Overnight Delivery Facsimile Leslie Johnson CenturyLink 0 APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 DocuSign Envelope ID: 92668F21-2B10-47F6-91 E4-6F1 BCI 73A0D7 ICC Bill and Keep Amendment to the Type 2 Wireless Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Washington RSA No. 8 Limited Partnership do Inland Cellular its General Partner for the State of Idaho This Amendment ("Amendment") is to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and Washington RSA No. 8 Limited Partnership do Inland Cellular its General Partner ("WSP") (collectively, the "Parties"). RECITALS WHEREAS, the Parties entered into a Type 2 Wireless Interconnection Agreement, for service in the State of Idaho, that was approved by the Commission in February 2001; 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 traffic between WSP providers and LECs effective December 29, 2011 ("FCC Order" or "Order"); and WHEREAS, WSP has requested to amend the Agreement based on the Commission 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 Attachment I attached hereto and incorporated herein by this reference and eliminates Exhibit J, if applicable. By signature on this Amendment, WSP has elected to modify existing contract terms in order to implement the applicable provisions of the above mentioned Order. Effective Date On June 22, 2012, WSP requestbd to negotiate changes to its Agreement due to changes in law affecting reciprocal compensation. The Parties agree to implement the provisions of this Amendment effective July 1, 2012 if the carrier requested negotiations before 7/1/12. . December 6, 201 2/mms-bkiWA RSA No. 8 c/o Inland Cellular/ICC Bill and Keep/ID Amendment to CDS-001 108-0065 DocuSign Envelope ID: 92668F21-2B10-47F6-91 E4-6F1 BCI 73ADD7 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 Agreement Other than the publicly filed Agreement and its Amendments, CenturyLink and WSP 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. Washington RSA No. 8 Limited Partnership Qwest Corporation dba CenturyLink QC do Inland Cellular its General Partner E,Docu'SMi,,nw'Wd by: /Z h+ 266418... Signature Signature I 05E910688D51454... i re LDocusign.d By: L T Christ James K. Brooks Name Printed/Typed Treasurer I Controller Title 12/12/2012 Date L. T. Christensen Name Printed/Typed Director - Wholesale Contracts Title 12/13/2012 Date December 6, 2012/mms-bkIWA RSA No. 8 do Inland Cellular/ICC Bill and Keep/ID Amendment to CDS-001 108-0065 2 DocuSign Envelope ID: 92668F21-2B10-47F6-91 E4-6F1 BCI 73ADD7 . Attachment I 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. 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 §51.701(b) that is originated or terminated as wireless traffic by WSP's end user. 1.3. All other terms not otherwise defined in this Amendment are as defined in the ICA. 2.Intercarrier Compensation. 2.1. Bill and Keep shall apply to the exchange of Non-Access Telecommunications Traffic, solely when such traffic terminates to the End User Customers 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 ICA. 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 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. 3.WSP agrees that it will only route traffic from its own wireless End User Customers and wireless End User Customers of its roaming partners to CenturyLink for termination to CenturyLink End User Customers or as Transit Traffic destined for a third party. In the event WSP 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. 4.Tandem Management. 4.1. When Transit Traffic originated by a third party is routed through a CenturyLink Tandem to WSP, and the third party is not legally obligated to compensate CenturyLink for the Transit Service provided in transporting the traffic to WSP as a result of paragraph 999 of the FCC Order, then WSP will either: 4.1.1. Establish direct interconnection with such third party; or 0 4.1.2. Pay the Transit charges for such traffic. December 6, 2012/mms-bkIWA RSA No. 8 do Inland Cellular/ICC Bill and Keep/ID Amendment to CDS-001 108-0065 3 DocuSign Envelope ID: 92668F21-2B10-47F6-91 E4-6F1 BCI 73ADD7 4.2. Transit Service is provided by CenturyLink, as a local and Access Tandem Switch provider to the WSP to enable the completion of calls originated by or terminated to end users of another Telecommunications Carrier which is connected to CenturyLink's Switches. 4.3. The originating company is responsible for payment of appropriate rates to the transit company and to the terminating company. The Parties agree to enter into traffic exchange agreements with third party Telecommunications Carriers prior to delivering traffic to be transited to third party Telecommunications Carriers. In the event one Party originates traffic that transits the second Party's network to reach a third party Telecommunications Carrier with whom the originating Party does not have a traffic exchange agreement, then the originating Party will indemnify, defend and hold harmless the second Party against any and all charges levied by such third party Telecommunications Carrier, including any termination charges related to such traffic and any attorneys fees and expenses. 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. is . December 6, 201 2lmms-bk/WA RSA No. 8 do Inland Cellular/ICC Bill and Keep/ID Amendment to CDS-001 108-0065