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
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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. $2s2(e)
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Qwest Corporation dba CenturyLink QC hereby files this Application for Approval of
Amendment to the Interconnection Agreement ("Amendment") which was approved by the
Idaho Public Utilities Commission on February 28,2002 (the ooAgreement"). The Amendment
with T-Mobile USA Inc. fka VoiceStream Wireless Corporation ("T-Mobile") is submitted
herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252(e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the'oAct").
Section 252(e)(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portion(s) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
AppLTceTIoN FoR APPRoVAL oF AMENDMENT To INTERCoNNECTToN AcRBgI.mNT
T-MOBILE USA INc. FKAVoICESTREAM WIRELESS CoRPoRATIoN _
rr r d$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
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B{Entrance Fecilities
i.1.1 DSI A A
1 s524.4i 277.7i A A
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4 ls s37.3r st.9(A A
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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
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Page 1 of 3
Dossign Envolop€ lD: E26S741D0E2B-415GBA4F-O7'12275E2A14
T-Mobile USA lnc.lka Voicestream Wireless Corporation Wireless Type 2 Exhibit A
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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
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Revised Oecember 10, 2013 Page 3 of 3