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HomeMy WebLinkAbout20140515Amendment.pdfCENTURYL!NK 1 600 7th Avenue, Room 1 506 Seattle, Washington 98191 (206) 73$s178 Facsimile (206) 343-4040 Maura E. Peterson Paralegal Regulatory Law May 14,2014 tlECE,!i f i] l:I i4 80ltHty,S ptt ?t tFtr uTrl-BrtB0ctmi$*rc,u Centurylink' Via Overnight delivery Jean Jewell, Secretary Idaho Public Utilities Commission 47 2 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 Re: Case No.: QWE-T-01-27 Application for Approval of Amendment to Interconnection Agreement Dear Ms. Jewell: Enclosed for filing are an original and three (3) copies of the Application for Approval of the ICC Bill and Keep Amendment to the Wireless Interconnection Agreement between Qwest Corporation dba Centurylink QC ("Centurylink") and T-Mobile USA Inc. fka VoiceStream Wireless Corporation 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, , t ilo,,TO- Maura E. Petelsof MEP/jga Enclosurecc: Service List Lisa A. Anderl (WSBA#I3236) CenturyLink 1600 7th Ave, Room 1506 Seattle, WA 98191 Telephone: (206) 398-2504 Facsimile: (206) 3 43 -4040 lisa. anderl @centurylink. com BEFORE THE APPLICATION OF QWEST CORPORATION dba CENTURYLINK QC FOR APPROVAL OF AN AMENDMENT TO INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. $2s2(e) ttEsf 'vf; rr t$lrr ltiY tS pt{ ?r t3 Qwest Corporation dba CenturyLink QC hereby files this Application for Approval of Amendment to the Interconnection Agreement ("Amendment") which was approved by the Idaho Public Utilities Commission on February 28,2002 (the ooAgreement"). The Amendment with T-Mobile USA Inc. fka VoiceStream Wireless Corporation ("T-Mobile") 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'oAct"). 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. AppLTceTIoN FoR APPRoVAL oF AMENDMENT To INTERCoNNECTToN AcRBgI.mNT T-MOBILE USA INc. FKAVoICESTREAM WIRELESS CoRPoRATIoN _ rr r d$ffiG&{d,{iph.i 'H u, n * IDAHO PUBLIC UTILITIES COMMISSION CASE NO.: QWE-T-01-27 APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT Page I 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 T-Mobile 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 14th day of May,2014. APpIICaTIoN FoR APPRoveT oT AUENDMENT To INTERCoNNECTIoN AGREEMENT T.MOBILE USA INC. FKA VOICESTREAM WIRELESS CoRPoRATIoN _ Lisa A. Anderl Attorney for t Corporation dba Centurylink QC Page2 CERTIX'ICATE O[' SERVICE I hereby certify that on this 14tr day of May,2Ol4,I served the foregoing ArpnclrroN FoR AppRovAL oF AMENDMENT To rHE lxrnRcoxNEcrloN AcnnrurNT upon all parties of record in this matter as follows: Jean Jewell, Secretary Idaho Public Utilities Commission 472 W est Washington Steet P.O. Box 83720 Boise, Idaho 83720-007 4 ij ewell@nuc.state.id.us Bryan Fleming VP - Tech Systems & Bus Operations T-Mobile USA Inc. t2920 SE 38th Street Bellevue, Washington 98006-1 350 Hand Delivery U. S. Mail XX Overnight Delivery Facsimile Email Hand DeliveryXX U. S. Mail Overnight Delivery Facsimile Email Appr.rcarroN pon Appnover. or AUENDMENT To INTERCot{NEcrroN AcnesMENt T-MOBILE USA INc. FKA VoICESTREAM WIRELESS CoRPoRATIoN _ DocuSign Envelope lD: E269741 D-0E2B-41 56-884F-D7 12275E241 4 ICC Billand Keep Amendment to the Wireless lnterconnection Agreement between Qwest Corporation dba CenturyLink QC and T-Mobile USA lnc. fka VoiceStream Wireless Corporation for the State of ldaho This Amendment ("Amendment") is to the Wireless lnterconnection Agreement by and between Qwest Corporation dba CenturyLink QC ("CenturyLink") and T-Mobile USA lnc. fka VoiceStream Wireless Corporation ("T-Mobile") (T-Mobile and CenturyLink are referenced together as the "Parties"). RECITALS WHEREAS, the Parties or their predecessors in interest entered into an lnterconnection Agreement ("Agreement") for service in the State of ldaho, that was approved by the Commission on February 28, 2002; and WHEREAS, the Federal Communications Commission ("FCC") in Docket No. 01-92, ln the Matter of Developing o Unified lntercorrier Compensotion Regime, has 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 (collectively, the "FCC Orders" or "Orders"); and WHEREAS, T-Mobile has requested to amend the Agreement based on the FCC Orders; and WHEREAS, the Parties agree to amend the Agreement based on the FCC Orders 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, Attachment 1, and Exhibit A attached hereto and incorporated herein by this reference. By signature on this Amendment, the Parties have elected to modify existing contract terms of the Agreement in order to implement the applicable provisions of the above mentioned FCC Orders. Effective Date This Agreement shall become effective on the date of Commission approval; however, the Parties agree to implement the provisions of this Amendment effective July 1, 2012, pursuant to the FCC Order. Agril 7, 2O!4 / kjc/T-M obi lellCC Bi I I a nd Kee p Am d/ I D Amendment to CDS-01 1023-0038 DocuSign Envelope lD: E269741D-0E2B-4156-884F-D7 12275E2414 Further Amendments Except as modified herein, the provisions of the Agreement shall remain in fullforce 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, the Parties 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. T-Mobile USA lnc. fka VoiceStream Wireless Corporation Qwest Corporation dba Centurytink QC Brvan Flemine Name Printed/Typed Vice President - Tech Systems & Bus Ooerations Title 4/2L/20L4 Date April 7, 20]4 / k1c/T-M obi lell CC Bi I I a nd Keep Am d/l D Amendment to CDS-01 1 023-0038 Signature L. T. Christensen Name Printed/Typed Director - Wholesale Contracts Title 4/22/20L4 Date bryaw funia4 Signature DocuSign E nvelope I D : E26974 1 D-0E28-4 1 56-884F -O7 1 227 5E241 4 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 FCC Orders, between the Parties. 1. General. L.2. "Bill and Keep" shall have the meaning set forth in 47 C.F.R. S 51.713. Consistent with 47 C.F.R. S 51.701(b), "Non-Access Telecommunications Traffic" means traffic that is originated or terminated as wireless traffic by T-Mobile's end user or end users of other wireless carriers roaming on T-Mobile's' network. T-Mobile agrees that it will only route traffic from T-Mobile's wireless end users, or end users of other wireless carriers roaming on T-Mobile's network, to CenturyLink for termination to CenturyLink end users or as Transit Traffic destined for a third party. CenturyLink agrees that it will only route traffic from its own landline end users, or end users of local exchange carriers or CMRS providers with switches that subtend Centurylink's Tandem Switch, to T-Mobile for termination to T-Mobile's own wireless end users. All other terms not otherwise defined in this Amendment are as defined in the Agreement. 2. lntercarrier Compensation. 2.L. 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, or end users of other wireless carriers roaming on T-Mobile's network. This compensation arrangement shall supersede any previous usage-based terminating charges of: 2.7.L.End Office Switching, Tandem Switching and/or Common Transport charges, or equivalent charges denominated in a similar fashion, such as End Office Call Termination, Tandem Switched Transport, Tandem Transmission, and the like; or 2.L.2. Any "FCC Opt-ln Compensation" or equivalent charges assessed in accordance with the interim rates previously prescribed pursuant to the Order on Remond ond Report and Order, FCC 01-131, CC Dockets No. 96-98 and 99-58, 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 CenturyLink's compensation for Transit Service. Transit Service shall be subject to the Transit Rate 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 Orders shall not apply for purposes of calculating the rate(s) to be charged by CenturyLink for providing a Transit Service. April 7, 2OL4 lU1cfi -M obi lellCC Bi I I a nd Kee p Am d/l D Amendment to CDS-01 1023-0038 L.7. 1.3 t.4. DocuSign Envelope lD: E269741D-0E28-41 56-884F-D7 12275E2414 3. Tandem Management. When Transit Traffic originated by a third party is routed through a CenturyLink Tandem to T- Mobile, and the third party is not legally obligated to compensate Centurylink for the Transit Service provided in transporting the traffic to T-Mobile as a result of paragraph 999 of the FCC Orders, then T-Mobile will either: 3.1.1. Establish direct interconnection with such third party; or 3.L.2. Pay the Transit Service charges for such traffic at the Transit Traffic rate set forth in the Agreement. When CenturyLink bills T-Mobile under Section 3.1.2 above, CenturyLink shall provide sufficient detail for T-Mobile to verify the charges, and CenturyLink shall cooperate in providing any additional information requested by T-Mobile, including but not limited to call detail records, necessary to verify the accuracy of the charges. 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, 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. 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, if as a result of any effective and unstayed decision, order, reconsideration or determination of any judicial or regulatory authority with competent jurisdiction, any provisions in the FCC Orders regarding the Bill-and-Keep arrangements for Non-Access Telecommunications Traffic are stayed, revised, modified, reversed or remanded, then the Parties agree to comply with all requirements of such applicable effective and unstayed decision, order, reconsideration or determination. AprilT ,20L4/k1c/T-Mobile/lCC Bill and Keep Amd/lD Amendment to CDS-01 1023-0038 3.L. 3.2. 4. Docusign Envolopo lDr E2@7 41O-OE2S"4156BA4F-O7 12275E2A14 T-Mobil€ USA lnc. fka Voic€Stream Wireless Corporation Qwest ldaho Revised December 10, 2013 Wireless Type 2 Exhibit A ldaho Ameilllmani op0om Elll and Ke@ Notes o ,n B{Entrance Fecilities i.1.1 DSI A A 1 s524.4i 277.7i A A i,I i.2.1 Ps DSI A i.2.2 aal !nah6rf a.lrrind Fire.l .g ner Milel 6.3.1.1 fver0toSMiles A 8.3.1 )v6r 8 to 25 Miles $24.6().2i A /er 25 to 50 Miles s24.8(s0.1t A A 14 ls s0.0r A A adrfind FiYAd ,IL nar Milel 6.3.2.1 fver0toSMiles 1.3.2.1 fver 8 io 25 Miles s37.3t 1.8i A A /er 25 io 50 Miles s37.3r $1.8(A A 4 ls s37.3r st.9(A A xeal .g mr Milel t.3.3.1 fver0toSMiles $257.1{A i.3.3_2 )ver 8 to 25 Miles s260.4(A r'er 25 to 50 Miles s260.7;$26.4:A A 4 !s s259.3i s26.3r A A A ultlolexlnoi4 t rS1 to DSo 1.4.2 )S3 to DSI 6.5 etoa lce 5.1.2 lEach i.5.2 )S3 lnterface sl Trunk s235.71 A unk $1 1. /t A r hk Fld ilind Chenda ner Tvne 2 Trunk (irouo i.5.3.1 2A Direct Final to Altemate Final I t.5.3.2 fvoe 2 Routino Translation Chanoe 74.61 6.6 Ancillaru Trunki 5.6.1 rv Ord Onlv Ancillarv Trunks. oer Trunk 1 culh tR I 2 {rne I ,| 1.6.1.2.2 t_6.1.2.3 117 5I 6-7 6A I af,t Elrnl Rq liht 6.9.1 lancellation Charge uenuryLrnK QU5 ldaho Access Seflice Catal@ 5.9.2 lp€dito Charge uenluryLrnK uu ! ldaho Access Service Catalog 0.9.3 \dditional Testing CenturyLink QC's ldaho Access Sewice Cataloq A to Traffic 0.10.1 -ocal Transil (Assumed Mileaoe = 7 Miles) . Der Minute of Use 1A A J' 5.10_2 ntreLATA Toll Tramit. Per Minute of Use 1 8.10.rrtv Orioinaled Lmal Tmmit Trafhc (Assumed Mileaoe = 7 Miles). Per Minute of use S0.O014,033 A.#&C I iir.l Pzdv Oridinaleil lntml ATA Toll Tmnsil Per Minute ( l1 Jolntlv Provtded swltched acce3s serutces Page 1 of 3 Dossign Envolop€ lD: E26S741D0E2B-415GBA4F-O7'12275E2A14 T-Mobile USA lnc.lka Voicestream Wireless Corporation Wireless Type 2 Exhibit A ldaho ffi 15 11 ri7e.l A..Bq Eleadrds ma I i.12 ntortlTA Traffic u€nturyLrnK QC's FCC Switched Access Tariff i.t3 nterilTA Trafflc L;enruryLrnK OC's FcC Switched Access Tariff t6.12.2 roe of L-M lnterMTA lJsaoe 504 ,t3 Perc6nl t5131 .0 lntentionallv Laft Blenk t.o lntentionallv La,ft ilv Servicss -ocal Number Portabilitv 1.1 -NP Oueri€s See FCC Tarifi #1 Section 13 & 20 See FCC Taritr #1 Section 13 & 20 t91 Manaoed Cuts ).1.2.1 Standard Manaoed Cuts. oer Person. oer Hal A 1.1.2.2 f,vertime Manaoed Cuts. oer Person. oer Half Hour i34.3{A rm Manaoed Cuts. mr PeBon. rer Half Hour ;42.2 A t9-2 tglt , Egtt ame atde- 9.3 llntentlonallv Left Blank l-l Acc8s to Poles, Ducts, Conduit3 and RighE of Way (ROw)e@ t9.4.4 IOW Dmument PreDaration Fee $122.91 1 ).4.5 :ield Verification Fm. mr Pole s20.4{ ).4.6 )n Fm. mr Manhole $190.8(1 t.4.7 rnner Verilicalion oer Manhole i15.51 olc Verifi€tion lnsrec-lor. rer Manhole t949 6le Make-Rerdv lnsmclor mr Manhole t9410 ntentionallv L6fl Blank ,.4.1 )ole Atlachment Fe€. 06r Foot. oer Year $2.7',A 1.4.12 nnerduct ).4.1 rtentionallv Left Blank 4 ral C)ccuDancv Fee- Der Fool. oer Year 4 9.)n I rke eadv t0.0 lntentionallv Laft Blank 1.0 lmes3 to ,.temi IOSSI mr order 1.2 Onooino ODerallons- mr Order 1.4(A t2-o llaintenrnce and Remlr t2.1 Trouble l3olallon 12.1.',|ilemnce of seruice for non{west Trouble. Der Half Hour or fraclion thercof 1 ,eEnce ( 1 {emnm (, Seruice - Ovenime 1 tm t1?19 isoatch ftr nonQwest Trouble 6 /.9t A 3.0 lntsntlonallv Left Blank t5.0 lntontionallv LG{t Blank t6.0 lona Flde Reouest Proces3 16.'l lPrce33lno Fm s1_8s1.8(A t8.0 lntentlonallv Left Blank T-Mobile USA lnc.lka Voicestream Wireless Corporation Wireless Type 2 Exhibit A ldaho t:.t... ".....\.:;)) :*-; llLffi ffiffi'|/;x. l ss ffi# t9.0 :onslruction Cherdes tcE tct 3 3 Jnless othenilise indicated. all rates are Dursuant to ldaho Public Utalites Commission Dockets: A lost Docket OWE-T-o'l-1 1. Order No. 29408 (Januarv 5. 2004) rates effective Januarv 5. 2004. B lost Docket OWE-T{1-1 1. Order No. 29408 (Januarv 5. 2004) rates effective Januarv 5. 2004c:CC Docket No. 01-92Efeclive 12-29-11 */oluntarv Rate Reduction Dockel L,SW-T-Oo-3. effective 6/ 10/02. Reductions reflected in the 5/24102 Exhibit A. ffi Third Voluntaru Rete Fle.irction Docket LlSW-T{o-3. effective 12116n2. Redudions reflecled in the 10/16/02 Exhibit A. lates nol addresse.l in cGt .locket (TELRIC-based costs where reouired. l 2 rllarket-base., rales 3 CB ln.livi.firal Crse Basis nd.ind 4 ?ates dcr FCC Gui.iplinps 5 <ate Aoreed uoon in 271 workshoos. 0 The provision oftransiling services is not required pursuant to Section 251 ofthe Telecommunications Act. Qwest has chosen to offer this service as part of its ^l^F^^-^^ri^^ a^. ^B^^r x,*.h;6 6^^,i^^ i- -^r. ^'rir6i r^ ha ^;^ad a-F^.eih^ +^ - Ttrl Ola 6^rh^i^l^^- Owest ldaho Revised Oecember 10, 2013 Page 3 of 3