HomeMy WebLinkAbout20131003Amendment.pdfI :i. I 'CENTURYLINK
1600 7th Avenue, Room 1506
Seattle, Washington 98191
(206) 733-5178
Facsimile (206) 343-4040
Maura E. Peterson
ParalBgal
Regulatory Law
AT4
Trrv Centurylink*:1:: CiT -:i F;i l: [3
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October 212013
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 Bill and Keep VNXX
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 Bill
and Keep VNXX Amendment to the Interconnection Agreement between Qwest Corporation
dba Centurylink QC ("Centurylink") and Level 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.
Maura E. Peterson
/mep
Enclosure
cc: Service List
wvvw.centu rylin k.com
Lisa A. Anderl (WSBA#13236)
Centurylink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: (206) 398-2504
Facsimile: (206) 343 -4040
lisa.anderl @ centuryli n k.com
APPLICATION OF QWEST
CORPORATION dba CENTURYLINK QC
FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. $2s2(e)
r-1r -. nt=:_ Jl: l -,
CASE NO.: QWE-T-02-8
APPLICATION FOR APPROVAL OF
THE AMENDMENT TO THE
INTERCONNECTION AGREEMENT
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Qwest Corporation dba Centurylink QC ("Centurylink") hereby files this Application
for Approval of the Bill and Keep VNXX Amendment to the Interconnection Agreement
("Amendment") which was approved by the Idaho Public Utilities Commission on May 22,2002
(the "Agreement"). The Amendment with Level 3 Communications, LLC ("Level 3") 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 L934, 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 BIIL eNo KEEP VNXX
AurruougNT To rHE INrencouNECTtoN AcReeueNr-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 telecommunication s 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 parlies not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this 26'h day of October, 2Ol3-
CENTTIR}UNK
Ywe'
Attorney for Qwest Corporation
dba Centurylink QC
AppLIcIuoN FoR AppRoveI oF THE BILL AND Keep VNXX
AMENDMENT To THE INTERCoNNECTIoN AGREEMENT_Page 2
CERTIFICATE OF SERVICE
I hereby certify that on th 3, I served the foregoing
APPLICATION FOR APPROVAL OF THE RELATIVE USE FACTOR AMENDMENT
TO THB INTERCONNECTION AGREEMENT upon all parties of record in this matter as
follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W est Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
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
XX. Overnight Delivery
Facsimile
Email
xx
Hand Delivery
U. S. Mail
Ovemight Delivery
Facsimile
Email
APPLICATIoN FoR AppRovnI oF THE BII-I- RNo KEEP VNXX
AuenougNT To THE INTERCoNNECTIoN AGREEMENT -Page 3
DocuSign Envelope lD: 9201 7CE8-901 B-499F-B3D5-26BAEEA3DDD5
Billand Keep VNXX Amendment
to the lnterconnection Agreement between
Qwest Gorporation dba CenturyLink QC and
Level 3 Communications, LLC
for the State of ldaho
This is an Amendment ("Amendment") to the lnterconnection Agreement between Qwest
Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and Level 3
Communications, LLC ('CLEC"). CenturyLink and CLEC shall be known jointly as the "Parties".
RECITALS
WHEREAS, the Parties entered into an lnterconnection Agreement ("Agreement") for service in
the state of ldaho; and
WHEREAS, the Parties desire to amend the Agreement further under 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 for Bill and Keep
VNXX as set forth in Attachment 1, to this Amendment, attached hereto and incorporated herein
by this reference.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission; however, the
Parties agree to implement the provisions of this Amendment as of December 1, 2012. To
accommodate this need, CLEC must generate, if necessary, an updated Customer
Questionnaire. ln addition to the Questionnaire, all system updates will need to be completed
by CenturyLink. CLEC will be notified when all system changes have been made. Actual order
processing may begin once these requirements have been met. Additionally, CenturyLink shall
implement any necessary billing changes within two (2) billing cycles after the latest execution
date of this Amendment, with a true-up implementing the terms of this amendment back to the
latest execution date of this Amendment, or earlier, based on the terms of this Amendment and
the necessary billing changes by the end of the second billing cycle. The Parties agree that so
long as CenturyLink implements the billing changes and the true-up as set forth above, the
CLEC's bills shall be deemed accurate and adjusted without error solely for purposes of
performance measurements.
September lO,20l3lkjclLevel 3/B & K VNXX Amd-lD
Amendment to CDS-020301 -0020
DocuSign Envelope lD: 9201 7CE8-9O1 B-499F-83D5-26BAEEA3DDDS
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.
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.
The Parties intending to be legally bound have executed this Amendment as of the dates set
forth below, in multiple counterparts, each of which is deemed an original, but all of which shall
constitute one and the same instrument.
Leve! 3 Communications, LLG Qwest Corporation dba CenturyLink QC
Andrea Pierantozzi
Name Printed/Typed
VP - lnterconnection Services
Title
9/23/20t3
September 10,z}13lkjclLevel 3/B & K VNXX Amd-lD
Amendment to CDS-020301 -0020
L. T. Christensen
Name Printedffyped
Director - Wholesale Contracts
Title
L0/L/20L3
Signature
DocuSign Envelope lD: 9201 7CE8-901 B-499F-B3DS26BAEEA3DDDS
ATTACHMENT 1
ATTACHMENT 1
Bill and Keep VNXX:
The Parties understand and agree that VNXX Traffic, defined as traffic originated by a Party's
End User Customer, dialed with a local dialing pattern, and terminated to a customer of the
other Party not physically located within the same CenturyLink Local Calling Area (as defined
and/or approved by the state Commission) as the originating caller (VolP Traffic is not
considered to be VNXX traffic destined for the lnternet under this section). This is determined
by examining the locally dialed telephone number (NPA-NXX-XXXX) assigned to the
terminating Party's customer when it is an NXX Code associated with a rate center (as set forth
in the LERG) that is different from the rate center (as set forth in the LERG) associated with the
actual physical location at which the customer receives the VNXX traffic in question. VNXX
does not include originating 8XX traffic, as that traffic is not locally dialed. The Parties will not
pay terminating compensation to each other for VNXX Traffic destined for the internet. For
purposes of this Agreement, the Parties agree that 100% of the calls originated by CenturyLink
that are routed to CLEC for termination to ISP's in order to be connected to the lnternet are
VNXX Traffic that shall be subject to Bill and Keep compensation arrangement hereunder. The
Parties understand and agree that there is a de minimus amount of VN)fi Traffic other than that
destined for the internet currently being exchanged by the Parties. Should either Party
determine that the volume of VNXX Traffic other than that destined for the internet is no longer
de minimus, it may provide notice to the other Party that it will begin billing applicable
compensation for such traffic prospectively from the date of such notice.
September 10,2013lkidLevel 3/B & K VNXX Amd-lD
Amendment to CDS-020301 -0020