20130927Amendment.pdf

CENTUBYLINK
1600 7lh Avenue, Room 1 506
seattle, washington 98191
[phone]
Facsimile [phone]
Maura E. Peterson
Paralegal
Regulatory Law
Maura E.
/mep
Enclosure
cc: Service List
tor a nrn i0
sI7a
Trrv CenturyLink*
September 26,2013
vw\
Via Overnight delivery
Jean Jewell, Secretary
Idaho Public Utilities Commission
47 2 W est Washington Street
P.O. Box 83720
Boise, Idaho 837 20-007 4
Re: Case No.: QWE-T-02-8
Application for Approval of the ICC VoIP Amendment
to the Interconnection Agreement
Dear Ms. Jewell:
Enclosed for filing are an original and three (3) copies of the Application for Approval of the
ICC VoIP Amendment to the Interconnection Agreement between Qwest Corporation dba
Centurylink QC ("Centurylink") and [rvel 3 Communications, LLC. 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,
www.centu rylink.com
Lisa A. Anderl (WSBA#13236)
Centurylink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimi le : (206) 343 -4040
lisa. anderl @ centurylink.com
BEFORE THE
APPLICATION OF QWEST
CORPORATION dba CENTURYLINK QC
FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. $252(e)
IDAHO PUBLIC UTILITIES COMMISSION
1,, 3lt.i-:.,
:
l"i i ;_.
CASE NO.: QWE-T-02-8
APPLICATION FOR APPROVAL OF
THB AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation dba Centurylink QC ("Centurylink") hereby files this Application
for Approval of the ICC VoIP Amendment to the Interconnection Agreement ("Amendment")
which was approved by the Idaho Public Utilities Commission on May 22,2002 (the
"Agreement"). The Amendment with Irvel 3 Communications, LLC ("Level 3") is submitted
herewith.
This Amendment was reached through voluntary negotiations without resoft 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.
APPLICATION FOR APPROVAL OF THE RELATIVE USE FACTOR
AUgNOnagNT To THE 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 Level 3 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 26'h day of September ,2013.
CENTURYLINK
Attorney for Qwest Corporation
dba Centurylink QC
APpLTcRIIoN FoR APPRoVAL oF THE RELATIVE USE FACToR
AiTIENOUTNT To THE INTERCONNECTIoN AGREEMENT _Page2
CERTIFICATE OF SERVICEIherebycertifythatont0l3,Iservedtheforegoing
APPLICATION FOR APPROVAL OF THE ICC VOIP AMENDMENT TO THE
INTERCONNECTION AGREEMENT 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
ijewel I @ puc. state.id. us
Andrea Pierantozzi
VP - Interconnection Services
Level 3 Communications, LLC
1025 Eldorado Boulevard
Broomfield, Colorado 80021
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Hand Delivery
XX U. S. Mail
Overnight Delivery
Facsimile
Email
xx
APPLICATIoN FoR APPRoVAL oF THE RsI-eTTve Usn FecTon
AUENoUnNT To THE INTERCoNNECTIoN AcRnnueNT -Page 3
DocuSign Envelope lD: 9BB7AAC3-36F7-4D50-98C4-1 8EAC3EFE80A
ICC VolP Amendment
to the lnterconnection Agreement between
Qwest Gorporation dba GenturyLink QC
and
Leve! 3 Gommunications, LLC
for the state of ldaho
This Amendment ("Amendment") is to the lnterconnection Agreement between Qwest
Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and Level 3
Communications, LLC ("CLEC") (collectively, the "Parties").
RECITALS
WHEREAS, the Parties entered into an lnterconnection Agreement ("Agreement") for service in
the State of ldaho, that was approved by the Commission; and
WHEREAS, the Federal Communications Commission in Docket No.01-92,In the Matter of
Developing a Unified lntercanier Compensation Regime, issued an orderthat affects the Parties
rights and obligations with respect to the exchange of VolP traffic between CLEC providers and
LECs in addition to revised call signaling rules effective December 29,2011 ("FCC Order" or
"Order"); and
WHEREAS, the Parties agree to amend the Agreement in response to 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 replacing and adding terms, conditions, and rates as set
forth in Aftachment 1 and Exhibit A attached hereto and incorporated herein by this reference.
The provisions included in Attachment 1 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 Order.
Effective Date
This Amendment shall be deemed effective upon Commission approval; however, the Parties
agree to implement the provisions of this Amendment as of December 1,2012.
March 27, 20l3lkjclLevel 3/lCC VolP Amendment-Legacy Qwest-lD
Amendment to CDS- 020301-0020 (v.04.04.121
DocuSign Envelope lD: 9BB7AAC3-36F7-4D50-98C4-1 8EAC3EFE80A
Further Amendments
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 representative. 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 Riqhts
ln entering into this Amendment and carrying out the provisions herein, neither Party waives,
but instead expressly reserves, all of its rights, remedies and arguments with respect to any
orders, decisions, legislation or proceedings and any remands thereof and any other federal or
state regulatory, legislative or judicial action(s) in respect to such Amendment. Furthermore,
CLEC specifically reserves its rights, remedies and arguments contesting any assertion by the
Commission of its jurisdiction over the subject matter, interpretation or enforcement of this
Amendment including, but not limited to, federal tariffs or VolP-PSTN Traffic as a result of the
inclusion of terms or references to such tariffs or VolP-PSTN Traffic in this Agreement and/or
use of facilities that are otherwise included within this Agreement. CLEC has acceded to
CenturyLink's request to amend this Agreement as reflected herein as a matter of administrative
convenience only.
Entire Aqreement
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.
March 27, 201 3/kjc/Level 3/l CC Vo I P Amend ment-Legacy Qwest- I D
Amendment to CDS- 020301 -0020 (v. Oa.Oa fl)
DocuSign Envelope lD: 9BB7MC3-36F7-4D50-98C4-1 8EAC3EFE80A
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.
Level 3 Communications, LLC
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Qwest Corporation dba GenturyLink QC
l-05E9FC688D57a5a...
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Signature Signature
Andrea Pierantozzi L. T. Christensen
Name Printed/Typed Name Printed/Typed
VP - lnterconnection Services Director - Wholesale Contracts
Title
9/L6/20L3
Title
9/L6/20L3
March 27 ,201 3/kjc/Level 3/lCC VolP Amendment-Legacy Qwest-lD
Amendment to CDS- 020301-0020 (v.04.0a12)
DocuSign Envelope lD: 9BB7MC3-36F7-4D50-98C4-1 8EAC3EFE80A
Attachment 1
IGC Voice over lnternet Protocol (VolP) Amendment
Notwithstanding anything set forth in the Agreement to the contrary, the following terms and
provisions shall govem the intercarrier compensation between the Parties for the exchange of
VolP-PSTN Traffic as defined herein and the FCC Order and the exchange of such traffic over
the LIS trunks and facilities of CenturyLink.
Section 4.0 - DEFINITIONS
"VolP-PSTN Traffic" shall be defined in accordance with the FCC Order and includes any traffic
previously referred to in the Agreement as "VolP" or "VolP Traffic" or "lP Enabled Voice Traffic",
and is defined as traffic which is exchanged between a CenturyLink end user and the CLEC end
user in Time Division Multiplexing ("TDM") format that originates and/or terminates in lnternet
Protocol ("1P") format, as determined in the Order, and terminates to a Party's End User
Customer.
"Local Vo|P-PSTN Traffic" is Vo|P-PSTN Traffic that originates and terminates within the
geographic boundaries of the Local Calling Area as such calling areas are determined by the
Commission.
"Toll VolP-PSTN Traffic" is VolP-PSTN Traffic that originates and terminates in geographically
different Local Calling Areas as such calling areas are determined by the Commission.
Section 7.0 - INTERGONNECTION
7.2 Exchange of Traffic
7.2.1.3 Local Vo|P-PSTN Traffic and Toll Vo|P-PSTN Traffic may be
exchanged over the LIS facilities under this Agreement.
7.2.1.3.1 Switched Access Traffic, including but not limited to lnterLATA
Traffic, other than Toll VolP-PSTN Traffic or Jointly Provided Switched Access
Traffic, may not be exchanged under this Agreement. ln the event CLEC routes
lnterLATA Traffic to CenturyLink in violation of this section, CenturyLink reserves
the right to seek injunctive relief and to recover damages, compensation for such
traffic, including, but not limited to, compensation at the rate that is then
applicable to such access traffic.
7.3 lntercarrierCompensation
7.3.8 Signaling Parameters: CenturyLink and CLEC are required to provide each other the
proper signaling information (e.9., originating Calling Party Number (CPN), Charge Number
(ChN) and destination called party number, etc.) as required by Applicable Law and further
clarified by the FCC Order to enable each Party to issue bills in a complete and timely fashion.
All CCS signaling parameters will be provided unchanged including CPN, calling party category,
ChN and Originating Line lnformation Parameter (OLIP) on all calls. All privacy indicators will
be honored. Unless the FCC has approved a waiver petition regarding specific technical
restrictions, the ChN is to be passed unaltered in SS7 signaling fields where it is different than
March 27, 201311<lclLevel 3/lCC VolP Amendment-Legacy Qwest-lD
Amendment to CDS- 020301-0020 (v . 04.04.12\
DocuSign Envelope lD: 9BB7MC3-36F7-4D50-98C4-'| 8EAC3EFE80A
CPN and 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. Where SS7 connections exist, each Party shall pass all CCS signaling
parameters, where available, on each call carried over lnterconnection trunks. Unless the FCC
has approved a waiver petition regarding specific technical restrictions, if either Party fails to
provide valid originating information such traffic will be billed as lnterstate 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.
Notwithstanding the foregoing, either Party shall be permitted to prove the jurisdictional nature
of the traffic in question by whatever methodology possible, including, but not limited to the use
of the originating or terminating call detail as provided herein. The provision of such information
and methodology will not require the receiving Party to use such information or agree that such
information is accurate, absent the parties agreeing that such information and methodology is
accurate.
7.3.9 Vo|P-PSTN Traffic
7.3.9.1 Local VoIP-PSTN Traffic
7.3.9.1.1 CLEC and CenturyLink will exchange Local Vo|P-PSTN Traffic on the
same basis and at the same rates as Exchange Service (EAS/Local) Traffic and such
Local Vo|P-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 calljurisdiction method described herein is intended by the Parties as a
proxy to determine the jurisdiction of a call, i.e. the actual geographic end points of the
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 will work together in an effort to continue to improve
the accuracy of jurisdictional data.
7.3.9.2 Toll Vo|P-PSTN Traffic
7.3.9.2.1 CLEC and CenturyLink will exchange Toll VoIP-PSTN Traffic at each
Party's interstate access rates and such Toll Vo|P-PSTN Traffic will be identified as
lnterLATA Traffic or lntraLATA 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, i.e. the actual geographic end points of the 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 reasonably
withheld by either Party.
7.3.9.2.1.1 Toll VolP-PSTN Traffic, which would otherwise be characterized
as lnterLATA traffic by comparison of originating and terminating numbers, will
Mar ch 27, 20 1 3/kjc/Level 3/l CC Vo I P Amen d ment-Legacy Qwest-l D
Amendment to CDS- 020301-0020 (v. 04.O4.12)
DocuSign Envelope lD: 9BB7MC3-36F7-4D50-98C4-1 8EAC3EFE80A
be exchanged at each Party's interstate access tariff rates. lnterLATA Traffic
which is not Toll VoIP-PSTN Traffic shall be subject to 7.2.1.3.1.
7.3.9.2.1.2 Toll VolP-PSTN Traffic, which would otherwise be characterized
as lntraLATA traffic by comparison of originating and terminating numbers, will
be exchanged at each Party's interstate access tariff rates. Both Parties will use
a Local lnterconnection Service Percent VolP Usage (LIS-PVU) factor in Exhibit
A to determine the amount of traffic that appears to be lntraLATA Toll Traffic that
is Toll Vo|P-PSTN Traffic. The LIS-PVU factor may be updated by a further
Amendment mutually negotiated by the Parties.
7.3.9.2.1.2.1 The LIS-PVU factor shall be the percentage of total
terminating traffic jurisdictionalized as lntraLATA Toll Traffic which is Toll
Vo|P-PSTN Traffic, that in the absence of such LIS-PVU, would be billed
at intrastate access rates. The LIS-PVU factor shall be based on
information such as the number of the CLEC's retail VolP subscriptions in
the state (e.9. as reported on FCC Form 477), traffic studies, actual call
detail, or other relevant and verifiable information which will be
exchanged by the parties.
7.3.9.2.1.3 The portion of dedicated LIS facilities used for Toll VolP-PSTN
Traffic will be billed at CenturyLink's interstate access tariff rates after the
application of Relative Use Factor. The Relative Use Factor shall include
CenturyLink's VolP originated traffic, if any, which is otherwise jurisdictionalized
as Local Traffic. CenturyLink will use the Local lnterconnection Service Facilities
Percent VolP Usage (LlS-Facility-PVU) factor 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 be calculated based
upon the total amount of the traffic CLEC routes to CenturyLink for
termination over dedicated LIS facilities which is Toll VolP-PSTN Traffic
proportionalized as to the transaction capacity of such LIS facility. The
CLEC shall determine their Toll VolP-PSTN Traffic based on information
such as the number of the CLEC's retail VolP subscriptions in the state
(e.9. 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 submit a request to negotiate an updated LIS-
PVU factor or LIS-Facility-PVU factor on a no more often than quarterly basis.
Upon such request, the Parties will negotiate in good faith for ten ('10) business
days and, if resolution has not been reached, escalate according to the Dispute
Resolution provisions of the Agreement for a ten (10) business day period. lf
resolution has still not been reached, a requesting Party may initiate a dispute
resolution proceeding according to the Dispute Resolution provisions of the
Agreement. The effective date of any amendment to implement a request to
update the LIS-PVU factor will be thirty (30) calendar days after the date of such
written request, but no earlier than July 1, 2013. The effective date of any
March 27, 2Ol3lkjclLevel 3/lCC VolP Amendment-Legacy Qwest-lD
Amendment to CDS- 020301-0020 (v.04.04.12)
DocuSign Envelope lD: 9BB7MC3-36F7-4D50-98C4-1 8EAC3EFE80A
March 27, 2O1 3lkjclLev el 3/l CC Vol P Amend ment-Legacy Qwest- I D
Amendment to CDS- 020301-0020 (v.04.04.12)
amendment to implement a request to update the LIS-Facility-PVU factor will be
thirty (30) calendar days after the date of such written request.
7.3.9.2.1.5 CenturyLink shall provide billing adjustments on a quarterly basis
until such time as billing system modifications can be implemented to apply the
applicable rate to all Toll Vp|P-PSTN Traffic on an automated basis. These
adjustments shall not be treated as billing errorc under PID/PAP.
7.3.9.2.1.6 Any factors established by the Parties for the previous sections of
7.3.9.2 shall be based on the particular characteristics of the traffic exchanged
between CLEC and CenturyLink and shall not be subject to adoption by anyone
not a Party to this Agreement, or apply to any other service areas.
DocuSign Envelope lD: 98B7AAC3-36F7-4D5G.98C4-18EAC3EFE80A
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DocuSign Envelope lD: 9BB7AAC3-36F74D50-98C4-1 8EAC3EFE80A
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