20140530Amendment.pdf

CENTURYLINK
1 600 7th Avenue, Room I 506
Seattle, Washingiton 98191
(206) 73$51 78
Facsimile (206) 34&4040
Maura E. Peterson
Paralegal
Regulatory Law
May 28,2014
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Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W est Washington Street
P.O. Box 83720
Boise, Idaho 83720-007 4
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 thee (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 concerning the enclosed. Thank you for your
assistance in this matter.
Sincerely,
MEP/jga
Enclosurecc: Service List
Lisa A. Anderl (WSBA#I3236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: (206) 343 -4040
lisa. anderl@centurylink. com
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION dba CENTURYLINK QC
CASE NO.: QWE-T-01-27
r.OR APPROVAL OF AN AMENDMENT I APPLICATION FOR APPROVAL OF'
TO INTERCOI\NECTION AGREEMENT I AMENDMENT TO INTERCOI\NECTION
PURSUANT To 47 U.S.C. $2s2(e)AGREEMENT
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 "Agreement"). The Amendment
with T-Mobile USA [nc. 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 "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.
APpITceIIoN FoR APPRoVAL oF AMENDMENT To INTERCoNNEcTToN AGRpsIvIeNT
T-MOBILE USA IT.Ic. FKA VOICESTREAM WIRELESS CoRPoRATIoN _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 28n day of May,2Ol4.
Attorney for Qwest Corporation dba
CenturyLink QC
AppLrcATroN FoR AppRovel or AUSNpMENT To INTERCoNNEcTToN AcREEMENT
T-MOBILE USA INc. FKA VoICESTREAM WIRELESS ConpoRaTIoN _
CENTURYLINK
Page2
CERTIFICATE OX' SERVICE
I hereby certify that on thi, ek(day of May ,2Ol4,I served the foregoing
Arplrc,rrroN FoR Appnovu, oF AMENDMTxT ro rHE IxrnRcoxNECTroN AcnrnunNT 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 83720-007 4
ij [e-mail]
Bryan Fleming
VP - Tech Systems & Bus Operations
T-Mobile USA Inc.
I2g2O SE 38d'Street
Bellewe, Washington 98006-1350
Hand Delivery
U. S. Mail
XX Ovemight Delivery
Facsimile
Email
Hand Delivery
XX U. S. Mail
Ovemight Delivery
Facsimile
Email
APPLIcATToN FoR APPRoVAL oF AMENDMENT To INTERCo}.n.TECTIoN AGREEMENT
T-MOBILE USA INC. FKA VOICESTREAM WIRELESS CORPORATION _Page 3
DocuSign Envelope lD: E269741 D-0E28-41 56-B84F-D7 12275E241 4
ICC Bill and Keep Amendment
to the Wireless Interconnection 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 Motter 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.
April T ,2014/kjc/T-Mobile/lCC Bill and Keep Amd/lD
Amendment to CDS-01 1 023-0038
DocuSign Envelope I D: E26974 1 D-0E28-4 1 56-B84F -D7 1 227 5E241 4
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, 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
Signature
L. T. ChristensenBrvan Flemine
Name Printed /TVped
Vice President - Tech Systems & Bus
Operations
Title
4/2L/20L4
Date
April 7, 2014 / Llc/T- M obi lellCC Bi I I a nd Keep Am d/l D
Amendment to CDS-0 1 1 023-0038
Name Printed/fyped
Director - Wholesale Contracts
Title
4/22/20L4
blaw fL^,rq
Signature
DocuSign Envelope lD: E269741 D-0E28-41 56-884F-D7 12275E241 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.
L. General.
L.L. "Bill and Keep" shall have the meaning set forth in 47 C.F.R. S 51.713.
Consistent with 47 C.F.R. 5 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.
2.1. 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, 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,L.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
ond Order, FCC 01-131, CC Dockets No. 96-98 and 99-68, adopted April 18, 2001 and
subsequent orders ofthe 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 /t1c/T-M obi lellCC Bi I I and Keep Am d/ I D
Amendment to CDS-01 1023-0038
!.2.
1.3
L.4.
DocuSign Envelope lD: E269741D-0E28-4156-884F-D7 12275E2A14
3. Tandem Management.
3.1. 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 willeither:
3.1.1. Establish direct interconnection with such third party; or
3.t.2. Pay the Transit Service charges for such traffic at the Transit Traffic rate set forth in the
Agreement.
3.2. 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.
April 7, 2Ot4 /kjcfi- M obi lell CC Bi I I a nd Keep Amd/l D
Amendment to CDS-01 1023-0038
4.
5.
Docusign Envolop€ lD: E260741 D-0E28-41 5SBA4F-O7 1227 5E2A1 4
T-Mobile USA lnc. fka Voicestream Wireless Corporation
Qwest ldaho
Revised December 10, 2013
Wireless Type 2 Exhibit A
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Page I of 3
Docusign Envolope lD: E26974'1D0E2B-415&BA4F -O7 12275E2414
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Revised December 10. 2013 Page 2 of 3
Docusign Env€lope lD: E260741D.0E28-415&Ba4F -D7 12275e2414
T-Mobile USA lnc. lka Voicestream Wireless Corporation Wireless Type 2 Exhibit A
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Jnless othemise indicated. all rates are oursuant to ldaho Public Utilites Commission Dockets:
A lostDocketOWE-T{'l-1'l OrderNo.29408(Januaru5.2004)rateseffectiveJanuarvS.2004.
B losi Docket OWE-T-o1-l 1 Order No. 29408 (Januaru 5. 2004) rates effective Januaru 5. 2004:CC Docket No. 01-92 Etfedive 12-29-'11
#/oluntarv Rate Re.irlion Docket [JSW-T-00-3. effective 6/10/02. Reducllons reflected in the 5/24102 Exhibit AwThird Vohrnlaru Rata Re.firciion Docket LlSW-T-00-3. effective 12l16/02. Reductions reflecled in the '10/'16/02 Exhibit A.
1 iales noi eddressed in cost dockel ( IELRI(;-based costs where teourred.)
vlarket-based rates
3 lndividual Case Basis oricinq.
4 lates ner F(l(: Gri.lalina<
5 tate Aoreed uoon in 27 1 workshoDs.
6 The provision of transiting services is not required pursuanl to Seclion 251 of the Telecommunications Act. Qwest has chosen to offer this seruice as part of its
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Revised December 10, 2013 Page 3 of 3