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