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HomeMy WebLinkAbout20190402Amendment.pdf{3 Centurylink* April 1,2019 Via Overnight Delivery Ms. Diane Hanian, Secretary Idaho Public Utilities Commission 472 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-007 4 Re:Case No.: QWE-T-02-08 Application for Approval of Amendment to Interconnection Agreement Dear Ms. Hanian: Enclosed for filing is an Application for Approval of Interconnection Agreement along with an original and two (2) copies of the Cageless Collocation Bay Procurement Amendment to the Interconnection Agreement between Qwest Corporation dba Centurylink QC and Level 3 Communications, LLC for the State of Idaho. Centurylink respectfully requests that this matter be placed on the Commission Decision Meeting Agenda for expedited approval. Please contact Maura Reynolds, Regulatory Paralegal, at (206) 733-5178 should you have any questions regarding this submission. Thank you for your assistance in this matter. Sincerely, I J G. Legal Assistant III Enclosure(s)cc: Service List 1600 7rt Avenue, Room 1506 Seattle,Washington 98191 206-733-5236 iosie.addinston @centu rvlink.com Cageless Collocation Bay Procurement Amendment to the !nterconnection Agreement between Qwest Corporation 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". REC!TALS WHEREAS, the Parties entered into an lnterconnection Agreement ("Agreement") which was approved by the Commission; and WHEREAS, the Parties wish 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 Cageless Collocation Bay Procurement as set forth in Attachment 1 and Exhibit A, 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 may agree to implement the provisions of this Amendment upon execution. 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 back to the latest execution date of this Amendment 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. 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. February 6, 2019 lkjcl Cageless Collocation Bay Procurement Amd/Level 3/lD Amendment to CDS-020301-0020 I Entire Agreement 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. Level 3 Communications, LLC Qwest Corporation dba CenturyLink QC w,%e w*w Signature Ktmberly J. Povirk Name Printed/Typed VP Carrier Relations Name PrintediTyped Director Sales Support Title Mar 19, 2019 Title Mar 19, 2019 Date Date February 6, 2}lglncl0ageless Collocation Bay Procurement Amd/Level 3/lD Amendment to CDS-020301-0020 2 Signature Garv Black ATTACHMENT 1 ATTACHMENT 1 Cageless Collocation Bay Procurement 1. Terms and Conditions For Cageless Collocation Bay Procurement 1.1 To receive this option, CLEC must execute and submit this Amendment to CenturyLink, and CLEC must either: (1) have previously executed and submitted to CenturyLink an lnterconnection Agreement containing all of the terms and rates for Cageless Collocation; or (2) execute and submit an Amendment with the Cageless Collocation terms and rates concurrent with the submission of this executed Amendment. 1.2 This amendment allows CLEC to request CenturyLink to procure and install necessary equipment bay infrastructure for CLEC. CLEC agrees to provide CenturyLink with all bay specifications needed to procure the proper bay. 1.3 Upon receipt of a complete Collocation Application where the CLEC has requested that CenturyLink procure and install the Cageless bay infrastructure, CenturyLink will review the bay specifications provided on the Application. Within three (3) Days of validation of the application, CenturyLink will contact CLEC with any questions. 1.4 lf Collocation Entrance Facilities and space are available, CenturyLink will develop a price quotation within twenty-five (25) Days of completion of the feasibility study. Price quotations will be honored for thirty (30) Days from the date the quotation is provided. During this period the Collocation Entrance Facility and space are reserved pending CLEC's Acceptance ofthe quoted charges. 1.5 Within thirty (30) Days of receipt of the quotation, CLEC must submit Acceptance with 50% payment of the nonrecurring charges or acknowledge non-Acceptance of the quoted charges. 1.6 Upon receipt of Acceptance and 50% payment of the quoted nonrecurring charges, CenturyLink will procure and install the equipment bay on behalf of CLEC. The equipment bay installation will be completed with the Standard lnstallation lntervals listed in the CLECs I nterconnection Agreement. 1.7 Upon completion of the Equipment Bay installation, CLEC assumes ownership of the Equipment Bay and is responsible for removal of the bay upon Decommissioning of the site. Equipment includes all CLEC owned electronic equipment, equipment racks, mounting hardware, and CLEC supplied cable (including direct CLEC-to-CLEC cables). CLEC must file a MOP (Method of Procedure) with the Central Office Supervisor so that CenturyLink can remove the fuses prior to the CLEC removing any equipment or power cabling. lf CLEC does not remove its equipment within thirty (30) Days of CenturyLink's acceptance of the Collocation Decommission Application, CenturyLink will send a notification stating the equipment is considered abandoned. Upon receiving notification of abandonment from CenturyLink, CLEC will have fifteen (15) Days to notify CenturyLink that the equipment is not abandoned and remove its equipment. lf CLEC does not respond to the notification and remove the equipment and CenturyLink determines that the equipment has been abandoned, CenturyLink will send a final notification and bill CLEC for any and all claims, expenses, fees or other costs associated February 6, 20l 9 lkjcl Cageless Collocation Bay Procurement Amd/Level 3/lD Amendment to CDS-020301-0020 3 ATTACHMENT 1 with the removal by CenturyLink of the abandoned equipment, including any materials used in the removal and the hourly labor rate charges. CLEC will indemnify and hold CenturyLink harmless from the failure to return any such equipment, property or other items and from any damaged caused as a result of the removal, storage or disposition of any such abandoned equipment. 2. Rate Elements. The following rate elements apply to this Equipment Bay procurement and installation product offering : 2.1 Equipment Bay. Provides mounting space for CLEC collocated equipment in a Cageless Collocation only. This charge includes the seven, nine, or eleven foot bay, its installation, and all necessary environmental supports and end guard costs. Mounting space on the bay, including space forthe fuse panel and air gaps necessary for heat dissipation, is limited to seventy-eight (78) inches. 2.1 Spacers: Provides for cost associated with procuring and installing spacer and associated mounting brackets with the equipment described in 2.1 above. Spacer will be procured based on customer requested width and to match existing office environment height. February 6, 2Ol9lKlclCageless Collocation Bay Procurement Amd/Level 3/lD Amendment to CDS-020301-0020 4 Cageless Bay Procurement Amendment Exhibit A ldaho EAS / Local Traffic Reciprocal Compensation Election Solacl the appropriate type of contract below. For cost docket chanoes. leave blank: ti,:i:: :i Selsct Traftic Type Options Notes 8.0 Collocation .3 Caqeless 8.3.2 8.3.2.9 Caqeless Bav Fees $2.O42.238.3.2.9.1 BaY. Der Bay 8.3.2.9.2 s269.64 8.3.2.9.3 9283.32 1 t lRate not addressd in Cost Docket (estimated TELRIC) NOTES: Qwest ldaho Cageless Bay Procurement Amendment Exhibit A Feburuary 1, 2008 Page 1 of 1 Flecurihd Recu rring Pe, Mile .-B +:. Reatritr{ n =BOEo 2.Io 1 1 Lisa A. Anderl (WSBA#I3236) CenturyLink 1600 7th Ave, Room 1506 Seattle, Washington 98191 Telephone: (206) 345-1 57 4 li sa. anderl @centurylink. com Appr,rcarroN oF Qwnsr Conponq.rroN DBA CnNrunyLrNK QC Fon AppnovAl oF AN AnmNourrNT To INTnncoNNECTIoN AcnrunrcNT wrrH Lpvrr,3 CovrrvruNrcATroNs, LLC PunsuAr\T To 47 U.S.C. $2s2(e) BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION CASE NO.: QWE-T-02-8 APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT Qwest Corporation dba CenturyLink QC ("CenturyLink") hereby files this Application for Approval of Amendment to the Interconnection Agreement. The Interconnection Agreement was approved by the Idaho Public Utilities Commission on May 22,2002 under Order No. 29033 (the "Agreement"). The Cageless Collocation Bay Procurement Amendment to the lnterconnection Agreement ("Amendment") between Centurylink and 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 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 ApplrcarroN Ron Appnover- on AunNounNr ro INrrncoNNECTroN AcResiraeNr [Level 3 CoMMUNICATIoNS, LLC] - Page I CenturyLink 1600 7m Ave., Suite 1506 Seattle. WA 98191 Telephone: (206)398-2500 t[{]ElyrD f l'r _,-)Fii 12: tu I 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 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 1't day of April, 2019. CENTURYLINK ZZ// Lisa A. Anderl Attorney for Qwest Corporation dba Centurylink QC AppIIceTIoN FoR APPRoVAI oT AueNouENT To INTERCoNNECTIoN AcnmNasNr [Level3 CoMMUNICATIoNS, LLC] - Page2 CenturyLink l600 7m Ave., Suite 1506 Seaftle, WA 98191 Telephone: (206) 398-2500 CERTIFICATE OF SERVICE I hereby certify that on this 1't day of April,20l9,I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT upon all parties of record in this matter as follows: Diane Hanian, Secretary Idaho Public Utilities Commission 47 2 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 Diane. Hanian@puc.idaho. gov Gary R. Black VP - Carrier Relations Level 3 Communications, LLC 1 025 Eldorado Boulevard Broomfield, Colorado 80021 Hand Delivery U. S. MailXX Overnight Delivery Facsimile Email Hand DeliveryXX U. S. Mail Overnight Delivery Facsimile Email Josle4ddi(gton / APPLICATIoN non AppnovAl oF AMENDMENT To INTERCoNNECTIoN AcReeuENr [Level3 CoMMUNrcArroNS, LLC] - Page 3 CenturyLink l600 76 Ave., Suite 1506 Seattle, WA 98191 Telephone: (206) 398-2500