HomeMy WebLinkAbout20120809Amendment.pdfCenturyLink TM
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MauraE. Peterson
Paralegal UTIL fl: Regulatory Law
Via Overnight delivery
August 6, 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-02-2
Application for Approval of Amendment to the Interconnection Agreement
XO Communications Services Inc.
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation dba CenturyLink
QC ("CenturyLink") is an original and three (3) copies of the Application for Approval of
Amendment to the Interconnection Agreement. Qwest 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 ter.
Sincerely, (
Maura E.
mep
Enclosure
cc: Service list
.
www.centurylink.com
Lisa A. Anderl (WSBA# 13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: (206) 733-5178
Facsimile: (206) 343-4040
Adam.sherr@qwest.com
RECEIVED
?0I2AUG-7 PM 12:55
1*!f 'r r'
I IT rc'
U L I:J j
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION dba CENTURYLINK QC
FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. §252(e)
CASE NO.: QWE-T-02-2
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation dba 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 22, 2002 (the "Agreement").
The Amendment with XO Communications Services, Inc. ("XO") 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 XO to
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
XO Communications Services, Inc.
ICC VOIP
• 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'....... day of August, 2012.
CENT YL
Lisa A. An
Attorney for Qwest
.
.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
XO Communications Services, Inc.
ICC VOW
CERTIFICATE OF SERVICE
I hereby certify that on this day of August 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
Gegi Leeger
Director - Regulatory Contracts
XO Communications Services, LLC
13865 Sunrise Valley Drive
Herndon, VA 20171
Hand Delivery
U. S. Mail
X Overnight Delivery
Facsimile
Email
Hand Delivery
X U.S.Mail
Overnight Delivery
Facsimile
.
Maura Peterson
Paralegal, CenturyLink
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
XO Communications Services, Inc.
ICC VOIIP
.
DocuSign Envelope ID: BF8C9395-6FA4-4630-9F3E-2CA281 1 0957C
ICC VoIP Amendment
to the Interconnection Agreement between
Qwest Corporation dba CenturyLink QC
and
XO Communications Services, LLC
for the state of Idaho
This Amendment ("Amendment") is to the Interconnection Agreement between Qwest
Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and XO
Communications Services, LLC ("CLEC") (collectively, the "Parties").
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement ("Agreement") for service in
the State of Idaho, that was approved by the Commission; and
WHEREAS, the Federal Communications Commission in Docket No. 01-92, In the Matter of
Developing a Unified Intercarrier Compensation Regime, has issued orders that affect the
Parties' rights and obligations with respect to the exchange of VoIP-PSTN Traffic between the
Parties in addition to revised call signaling rules effective December 29, 2011 ("FCC Orders" or
"Orders"); and
WHEREAS, the Parties agree to amend the Agreement in response to the FCC Orders with the
terms and conditions contained herein.
0 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 replacing and adding terms, conditions, and rates as set
forth in Attachment I and Exhibit A attached hereto and incorporated herein by this reference.
The provisions included in Attachment I are intended to supersede and replace the same
numbered provisions in the Agreement and be added to the Agreement to the extent that the
applicable numbered provision is not currently in the Agreement.
By signature on this Amendment, CLEC has elected to modify existing contract terms in order to
implement the applicable provisions of the above mentioned Orders.
Effective Date
This Amendment shall be deemed effective upon Commission approval; however, pursuant to
the change of law provision in Section 2.2 of the Agreement and the date of notification by
CenturyLink to CLEC, the Parties agree to implement the provisions of this Amendment March
26, 2012.
July 3, 2012/kjc/XO Communications/ICC VoIP Amendment-Legacy Qwest-ID
Amendment to CDS 080415-0003(v. 04.04.12)
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DocuSign Envelope ID: BF8C9395-6FA4-4630-9F3E-2CA281 10957C
Further Amendments I
Except as modified herein, the provisions of the Agreement shall remain in full force and effect.
The provisions of this Amendment, including the provisions of this sentence, may not be
amended, modified or supplemented, and waivers or consents to departures from the provisions
of this Amendment may not be given without the written consent thereto by both Parties'
authorized representatives. No waiver by any Party of any default, misrepresentation, or breach
of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any
prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or
affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Reservation of Rights
The Parties agree that by entering into this ICC VoIP Amendment, they are setting forth their
agreement to address the matters set forth herein for purposes of this Amendment only, the
terms of which are enforceable by both parties. Subject to the foregoing, the Parties reserve the
right to advocate any positions with regard to the matters set forth herein before all relevant
forums, and the terms of this Amendment shall not be deemed or considered: 1) to have any
probative value as to the substance of either Party's rights or advocacy positions; 2) to
constitute the acquiescence by either Party, other than for purposes of enforcing this
Amendment; nor 3) to constitute a waiver of, any of their advocacy positions, whether policy,
legal or otherwise, including without limitation their positions regarding traffic sent without valid
originating information and the appropriate Local Interconnection Service Percent VolP Usage
factor applicable to interconnection facilities provided by CLEC.
Entire Agreement I
The Agreement as amended (including the documents referred to herein) constitutes the full
and entire understanding and agreement between the Parties with regard to the subjects of the
Agreement as amended and supersedes any prior understandings, agreements, or
representations by or between the Parties, written or oral, to the extent they relate in any way to
the subjects of the Agreement as amended.
July 3, 2012/k]cIXO Communications/ICC VoIP Amendment-Legacy Qwest-ID I Amendment to CDS 080415-0003(v. 04.04.12)
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DocuSign Envelope ID: BF8C9395-6FA44630-9F3E-2CA281 10957C
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.
.
XO Communications Services, LLC
rDocuSigned by:
u (,.
SignI'''
Robert L. Geller
Name Printed/Typed
EVP. Network and Customer Services
Title
7/6/2012
Date
Qwest Corporation dba CenturyLink QC
05E9FC688067454...
I i L By: 6:; GINrisle n,en Signature
L. T. Christensen
Name Printed/Typed
Director - Wholesale Contracts
Title
7/11/2012
Date
July 3, 201 2/kjc/XO Communications/Icc VoIP Amendment-Legacy Qwest-ID
Amendment to CDS 080415-0003(v. 04.04.12)
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DocuSign Envelope ID: BF8C9395-6FA4-4630-9F3E-2CA281 1 0957C
Attachment I
ICC Voice over Internet Protocol (VoIP) Amendment
Notwithstanding anything set forth in the Agreement to the contrary, the following terms and
provisions shall govern the intercarner compensation between the Parties for the exchange of
VoIP-PSTN Traffic.
Section 4.0 - DEFINITIONS
The definitions for "VoIP" and "VoIP Provider POP (Point Of Presence)" are deleted from the
Agreement.
"VoIP-PSTN Traffic" includes any traffic previously referred to in the Agreement as "VoIP" or
"V0IP Traffic" or "IP Enabled Voice Traffic", and is defined as traffic which is exchanged
between the Parties in Time Division Multiplexing ("TDM") format that originates and/or
terminates at an end user location in Internet Protocol ("IP") format, as determined in the
Orders.
"Local V0IP-PSTN Traffic" is VolP-PSTN Traffic that physically originates and terminates within
the same Local Calling Area as determined by the Commission.
"Toll VolP-PSTN Traffic" is VoIP-PSTN Traffic that physically originates and terminates in
different Local Calling Areas as determined by the Commission.
7.0 - INTERCONNECTION
7.1.1.1 Intentionally Left Blank
7.2 Exchange of Traffic
7.2.1.3 Local VolP-PSTN Traffic and Toll VoIP-PSTN Traffic may be exchanged under
this Agreement.
7.2.1.3.1 Switched Access Traffic, including but not limited to InterLATA
Traffic, other than Toll VolP-PSTN Traffic or Jointly Provided Switched Access
Traffic, may not be exchanged under this Agreement. In the event CLEC routes
InterLATA Traffic to CenturyLink in violation of this section, the Parties agree to
work together to attempt to promptly resolve the dispute. 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 such
access traffic.
7.3 Intercarrier Compensation
7.3.8 Signaling Parameters: CenturyLink and CLEC are required to pass the proper
signaling information identifying the originating Calling Party Number (CPN) or Charge
Number (ChN), if different from the CPN as required by Applicable Law and further
clarified by the FCC Orders to enable each Party to issue bills in a complete and timely
fashion. All CCS signaling parameters will be passed unchanged by the Parties
including CPN, calling party category, ChN and Originating Line Information Parameter
July 3, 2012/kjc/XO communications/Icc VoIP Amendment-Legacy Qwest-ID
Amendment to CDS 080415-0003(v. 04.04.12)
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DocuSign Einvelope ID: 8F8C9395-6FA4-4630-9F3E-2CA281 10957C
(OLIP) on all calls. All privacy indicators will be honored. The ChN is to be passed
unaltered in SS7 signaling fields where it is different than CPN; ChN must not be
populated with a number associated with an intermediate switch, platform, or gateway,
or other number that designates anything other than a calling party's charge number;
and if MF signaling is used; then, the ChN must be included in the ANI field if different
from the CPN. Where SS7 connections exist, each Party shall pass all CCS signaling
parameters, where available, on each call carried over Interconnection trunks. If either
Party fails to provide valid originating information such traffic will be billed as Intrastate
Switched Access when the calls traverse an interconnection trunk. The Parties will
coordinate and exchange data as necessary to determine the cause of the CPN/ChN
failure and to assist its correction.
7.3.9 VolP-PSTN Traffic
7.3.9.1 Local VoIP-PSTN Traffic
7.3.9.1.1 CLEC and CenturyLink will exchange Local VoIP-PSTN Traffic on
the same basis and at the same rates as Exchange Service (EAS/Local) Traffic
and such Local VolP-PSTN Traffic will be identified as such by using the
originating and terminating call detail information of each call unless the Parties
specifically agree otherwise. This call jurisdiction method described herein is
intended by the Parties as a proxy to determine the jurisdiction of a call and the
Parties acknowledge that there may be some circumstances where the actual
geographic end points of a particular call may be difficult or impossible to
determine. At any time during the term of this Agreement, CLEC and
CenturyLink may agree on alternate methods to establish call jurisdiction based
on regulatory or technological evolution. The Parties agree that it is in the best
interest of both Parties to work together in an effort to continue to improve the
accuracy of jurisdictional data and such efforts shall not be unreasonably
withheld by either Party.
7.3.9.2 Toll VolP-PSTN Traffic
7.3.9.2.1 Toll VoIP-PSTN Traffic will be identified as InterLATA Traffic or
IntraLATA Toll Traffic by using the originating and terminating call detail
information of each call unless the Parties specifically agree otherwise. This call
jurisdiction method described herein is intended by the Parties as a proxy to
determine the jurisdiction of a call and the Parties acknowledge that there may
be some circumstances where the actual geographic end points of a particular
call may be difficult or impossible to determine. At any time during the term of
this Agreement, CLEC and CenturyLink may agree on alternate methods to
establish call jurisdiction based on regulatory or technological evolution. The
Parties agree that it is in the best interest of both Parties to work together in an
effort to continue to improve the accuracy of jurisdictional data and such efforts
shall not be unreasonably withheld by either Party.
7.3.9.2.1.1 InterLATA Traffic that is Toll VolP-PSTN Traffic will be
exchanged at each Party's applicable interstate switched access tariff
rates as specified in each Party's switched access tariff(s) filed with the
Federal Communications Commission. Any Transit Traffic that is both
July 3, 2012/kjc/XO Communications/Icc V0IP Amendment-Legacy Qwest-1D
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DocuSign Envelope ID: BF8C9395-6FA4-4630-9F3E-2CA281 10957C
interLATA and Toll VoIP-PSTN Traffic will also be exchanged at each
Party's applicable interstate switched access tariff rates.
7.3.9.2.1.2 IntraLATA Toll Traffic that is Toll VolP-PSTN Traffic will be
exchanged under this Agreement at each Party's applicable interstate
switched access tariff rates as specified in each Party's switched access
tariff(s) filed with the Federal Communications Commission. Each Party
will use the Local Interconnection Service Percent VoIP Usage (LIS-PVU)
factor provided by CLEC in Exhibit A to determine the amount of
IntraLATA Toll Traffic that shall be deemed as Toll VolP-PSTN Traffic.
Any Transit Traffic that is both lntraLATA Toll Traffic and Toll VoIP-PSTN
Traffic shall also be exchanged at each Party's applicable interstate
switched access tariff rates after applying the LIS-PVU factor.
7.3.9.2.1.2.1 Each Party's LIS-PVU factor shall represent the
percentage of total terminating IntraLATA Toll Traffic routed to the
other Party that is Toll VoIP-PSTN Traffic, that in the absence of
such LIS-PVU, would be rated at intrastate access rates. CLEC
shall determine its LIS-PVU factor based on information such as
the number of the CLEC's retail VoIP subscriptions in the state
(e.g. as reported on FCC Form 477), traffic studies, actual call
detail, or other relevant and verifiable information which will be
exchanged by the Parties. At the time of execution of this
Amendment, CenturyLink does not provide VolP services to its
end users; therefore, CenturyLink's LIS PVU factor is zero (0).
Either Party's LIS-PVU factor may be updated by a further
Amendment mutually negotiated by the Parties.
7.3.9.2.1.3 The portion of LIS facilities used for Toll VoIP-PSTN Traffic
will be billed at CenturyLink's interstate access tariff rates after the
application of Relative Use Factor. CenturyLink will use the Local
Interconnection Service Facilities Percent Vol P Usage (LIS-Facility-PVU)
factor provided by CLEC in Exhibit A to determine the portion of Entrance
Facility, Direct Trunk Transport, and MUX that shall be deemed the
portion of the facility used to carry Toll VolP-PSTN Traffic.
7.3.9.2.1.3.1 The LIS-Facility-PVU factor shall represent the
percentage of the total terminating traffic CLEC routes to
CenturyLink that is Toll VoIP-PSTN Traffic. The CLEC shall
determine its LIS-Facility-PVU factor based on information such
as the number of the CLEC's retail VoIP subscriptions in the state
(e.g. as reported on FCC Form 477), traffic studies, actual call
detail, or other relevant and verifiable information which the
parties will exchange.
7.3.9.2.1.4 Either Party may provide billing adjustments on a quarterly
basis until such time as billing system modifications can be implemented
to apply the applicable interstate switched access tariff rates to all traffic
deemed Toll VolP-PSTN Traffic on an automated basis. In addition,
CenturyLink shall provide billing adjustments on the LIS facilities on a
July 3, 201 2/kjc/XO communications/Icc VoIP Amendment-Legacy Qwest-ID
Amendment to CDS 080415-0003(v. 04.04.12)
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EocuSign Envelope ID: BF8C9395-6FA4-4630-9F3E-2CA281 1 0957C
quarterly basis. These adjustments shall not be treated as billing errors
for CenturyLink under PID/PAP.
7.3.9.2.1.5 The LIS-PVU and LIS-Facility-PVU factors provided by
CLEC in Exhibit A shall be based on CLEC's particular characteristics
and shall not be subject to adoption by anyone not a Party to this
Agreement or apply to any other service areas not covered by this
Agreement.
1-7.4
July 3, 201 2/kjc/XO Communications/ICC VoIP Amendment-Legacy Qwest-ID
Amendment to CDS 080415-0003(v. 04.04.12)
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DocuSign Envelope ID: BF8C9395-6FA4-4630-9F3E-2CA281 10957C
XO C000fjono ICC VOIP Amendment Exhibit A
Idaho
S&eot Trffio Typ. EAS I Local Traffic
Racçreoaf Companeotiefl
Eafico
r' TehIYe.PS'flIYce .
New.
I
I 17,12A Toll V0IP-PSIN Traffic CenO,yl.irte
InterefOto
Aooeeo Tariff
CenteryLinke
InteretOte
A0000n Torlif
-
7.12.2 Local lntercornreotcn Scraoe VOIP Percent of In4raLATA 20090 (LIS-PVU) 16% 18% - 3 3
7.12.3 — — Local Interocrec000n 50,0cc VOIP Percent of Faclitlec (LIS-FacUlty-PVU) 16% 16% 3 3
NOTES:
3 CS. lndtedcal Coca Borne -
.
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