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HomeMy WebLinkAbout20100115Amendment.pdfQwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504Facsimile (206) 343-4040 c iO\ß JM~ \ 2 PM 2: 42 Maura E. Peterson Paralegal Regulatory Law Qwest~ Spirit of Service'" Via Overnight delivery Januar 8, 2010 Jean Jewell, Secretar Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. QWE-T-02-21 Application for Approval of Amendment to the Interconnection Agreement Sprint Spectrm L.P. Dear Ms. Jewell: Enclosed for filing with this Commssion on behalf of Qwest Corporation 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 =is~re in i;l mep Enclosure cc: Service list Adam L. Sherr (WSBA# 25291) Qwest 1600 7th Ave, Room 1506 Seattle, WA 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam.sherr(gqwest.com nr, i: (' ç:,\¡b_~.1"'"' 2mo JAN 15 PM 2: 38 BEFORE THE IDAHO PUBLIC UTILITIES COMMSSION APPLICATION OF QWEST CORPORATION FOR APPROVAL OF AN INTERCONNCTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e) CASE NO.: QWE- T -02-21 APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT Qwest Corporation ("Qwest") hereby files this Application for Approval of Amendment to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public Utilities Commission on November 27, 2002 (the "Agreement"). The Amendment with Sprint Spectrum L.P. ("Sprint") 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 Commssion may reject an amendment reached through voluntary negotiations only if the Commssion finds that: the amendment (or portiones) thereof) discriminates against a telecommunications carer not a pary to this agreement; or the implementation of such an amendment (or portion) is not consistent with the public interest, convenience and necessity. Qwest respectfully submits this Amendment provides no basis for either of these findings, and, therefore requests that the Commssion 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 Commssion, the United States Congress, and the Federal Communications Commssion. Expeditious approval of this Amendment wil enable Sprint to APPLICATION FOR APPROVAL OF AMNDMENT TO THE INERCONNCTION AGREEMENT - Page 1 Sprint Spectr L.P.-8XX JSPA Amendment interconnect with Qwest facilties and to provide customers with increased choices among local telecommunications services. Qwest further requests that the Commssion approve this Amendment without a hearng. Because this Amendment was reached through voluntary negotiations, it does not raise issues requiring a hearng and does not concern other paries not a pary to the negotiations. Expeditious approval would further the public interest. Respectfully submitted thiS~ day of January, 2010. ¡ /\ we t Corpor ti~n I ,,, ~ " .p,v o'~ A I r..,~'. Adam L. Sherr Attorney for Qwest APPLICATION FOR APPROVAL OF AMNDMENT TO THE INRCONNCTION AGREEMENT - Page 2 Sprint Spectrum L.P.-8XX JSPA Amendment CERTIFICATE OF SERVICE I hereby certify that on this \11. day of January, 2010, I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT upon all paries of record in this matter as follows: Jean Jewell, Secretary Idaho Public Utilties Commssion 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 JJewell (gpuc.state.id.us Hand Delivery U. S. Mail -X Overnight Delivery Facsimile Email Sprint PCS Attn: Legal Regulatory Dept. 6450 Sprint Parkway Bldg 14 MS: KSOPHN0212 Overland Park, KS 66251 Hand Delivery -- U. S. Mail Overnight Delivery Facsimile Email Sprint PCS Carer Interconnection Management 11880 College blvd. MS: KSOPAM0101 Overland Park, KS 66210-2035 Hand Delivery -- U. S. Mail Overnight Delivery Facsimile Email /) Maura Peterson Paralegal, Qwest Corporation 4-. APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 3 Sprint Spectrm L.P.-8XX JSPA Amendment Wireless Originated axx Jointly Provided Switched Access ("JPSA") Amendment to the Interconnection Agreement between Qwest Corporation and Sprint Spectrum L.P. for the State of Idaho This is an Amendment ("Amendment") for Wireless Originated 8XX JPSA traffic to the Interconnection Agreement between Qwest Corporation ("Qwest"), a Colorado corporation, and Sprint Spectrum L.P. ("WSP"), a Delaware limited partnership. Qwest and WSP shall be known jointly as the "Parties". RECITALS WHEREAS, the Parties entered into an Interconnection Agreement ("Agreement") that was approved by the Commission; and WHEREAS, the Parties agree to amend the Agreement 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 and conditions to accommodate a CLEC's (the "Sprint CLEC") request described below. Such additional terms and conditions are set forth in Attachment 1 to this Amendment, attached hereto and incorporated herein by this reference. The Parties agree that WSP wants to route unqueried 8XX traffic to Sprint CLEC for the 800 database dip, and to route the queried traffic to IXCs served by Qwest as Jointly Provided Switched Access (JPSA) traffic via Sprint CLEC's LIS trunks. WSP understands that Sprint CLEC's Interconnection Agreement with Qwest, in this State, wil be amended as well to reflect Sprint CLEC's obligations. Effective Date , This Amendment is subject to approval by the Commission; however, the Parties agree to implement the provisions of this Amendment upon execution. To accommodate such implementation, WSP will provide Qwest with a list of all NPAlNXXs and CLLls associated with WSP switches which will be implementing this solution, CLLls associated with the Sprint CLEC switches which will be implementing this solution plus any additional information reasonably required by Qwest to make the internal system updates necessary to implement this solution. WSP will not begin sending 8XX traffic to Sprint CLEC until Sprint CLEC and Qwest have their systems in place and have been updated. Qwest shall complete all such billng system updates within a reasonable time. December 3, 2009/mms/Sprint SpectrumlWireless Originated 8XX JPSA/ID Nego/ Amendment to CDS-020419-0005 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 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. Sprint Spectrum L.P. S¡9n!2cJ It l~v1 Qwest Corporation I: ~-ru- Signature Paul Schieber Name PrintedlTyped L. T. Christensen Name PrintedlTyped VP Access & Roaming Planning Title Director - Wholesale Contracts Title ¡¿l~i 7/JLúõ.,Date Date December 3, 2009/mmslSprint SpectrumlWireless Originated axx JPSAIID Negol Amendment to CDS-020419-0005 2 ATTACHMENT 1 Wireless Originated axx JPSA DEFINITIONS The Definition Section of the Agreement is hereby amended by adding and/or replacing terms as set forth in this Amendment. "Access Services" refers to the interstate and intrastate switched Access and private line transport services offered for the origination and/or termination of Interexchange traffic. "Meet-Point Billng" or "MPB" or "Jointly Provided Switched Access" or "JPSA" refers to an arrangement whereby two (2) or more LECs (including a LEC and WSP) receive traffic in the same LATA that the call is to be terminated in or originated from, and jointly provide Switched Access Service to an Interexchange Carrier, with each LEC (or WSP) receiving an appropriate share of the revenues from the IXC as defined by their effective switched Access Tariffs or other contractual arrangements. "Multiple Exchange Carrier Access Billng" or "MECAB" refers to the document prepared by the Biling Committee of the Ordering and Biling Forum (OBF), which functions under the auspices of the Carrier Liaison Committee (CLC) of the Allance for Telecommunications Industry Solutions (ATIS). The MECAB document, published by ATIS (0401004-0009), contains the recommended guidelines for the billing of an Access Service provided by two or more Telecommunications Carriers (including a WSP, LEC and/or a CLEC), or by one LEC in two or more states within a single LATA. "Multiple Exchange Carrier Ordering and Design" or "MECOD" Guidelines for Access Services - Industry Support Interface, refers to the document developed by the Ordering/Provisioning Committee under the auspices of the Ordering and Billng Forum (OBF), which functions under the auspices of the Carrier Liaison Committee (CLC) of the Allance for Telecommunications Industry Solutions (ATIS). The MECOD document, published by A TIS (0404120-0006), contains recommended guidelines for processing orders for Access Service which is to be provided by two or more Telecommunications Carriers (including a WSP, LEC and/or a CLEC). "Switched Access Service Traffc," is traffc that originates at one of the Party's End User Customers and terminates at an IXC Point of Presence, or originates at an IXC Point of Presence and terminates at one of the Party's End User Customers, whether or not the traffc transits the other Party's network. TYPE 2 INTERCONNECTION Jointly Provided Switched Access Traffic, as defined in this Amendment, is a type of traffic that can be exchanged under the Agreement. Jointly Provided Switched Access Traffic is associated with Meet-Point Biling. The Parties wil use industry standards developed and routed based on the LERG to handle the Provisioning and Biling of Jointly Provided Switched Access (MECAB, MECOD, and Qwests FCC and state access Tariffs). December 3, 2009/mms/Sprint SpectrumlWireless Originated 8XX JPSAIID Nego/Amendment to CDS-020419-0005 3 Jointly Provided Switched Access Services Jointly Provided Switched Access Service is defined and governed by Qwest FCC and State Access Tariffs, Multiple Exchange Carrier Access Billng (MECAB) and Multiple Exchange Carrier Ordering and Design (MECOD) Guidelines and based on LERG routing; Jointly Provided Switched Access Service is not modified by any provisions of this Agreement. Both Parties agree to comply with such guidelines. WSP wil update the LERG to reflect that Sprint CLEC is the "800 SSP" for WSP's MSC. Qwest has taken the approach as outlined below to national committees to determine if documents and processes require updating to specifically address this proposaL. The LERG does not specifically address this service beyond the population of 800 SSP. WSP and Qwest agree to modify this Agreement to reflect applicable new industry standards. It is anticipated by Qwest and WSP that the originating, intermediate, and terminating LECs for switched access wil cooperatively determine the Jointly Provided Switched Access arrangements. WSP wil be set up with Qwest as a "Meet Point Biling" carrier, which means that billng by Qwest to IXCs for this traffc is based on Qwest FCC Access Tariff NO.1, section 2.4.7. Qwest wil use a "proposed Billed Percentage ("BP")" in its billng tables as further outlined below. JPSA routes wil be established in Qwests tables as follows: For traffic that terminates to WSP via Type 2 trunks from Qwest, the proposed BP wil be 100% Qwest and the route wil show only Qwest and WSP. For 8XX traffic originated by WSP, sent to Sprint CLEC and then to Qwest via the LIS facilities in place between Sprint CLEC and Qwest, the proposed BP wil equal the current BP between Qwest and Sprint CLEC (generally 0% Qwest), and the route wil show only two parties - WSP and Qwest. If it is determined later that these routes will be filed in NECA, WSP acknowledges this route would then include Sprint CLEC as an. intermediate carrier although the Qwest BP would be unchanged (generally 100% Sprint). Once the solution is implemented, WSP agrees to the same record exchange for any other JPSA traffic they might send via Type 2 trunks through Qwest to IXCs. WSP wil not receive Category 11 JPSA records from Qwest for JPSA traffic that terminates to WSP. WSP wil notify Qwest if they determine in the future that they want to receive the created records from Qwest for any IXC traffic that terminates to them via the Type 2 trunks they have with Qwest. If requested by WSP, Qwest wil also provide a one-time notification to WSP of the billing name, billng address and Carrier identification codes of the IXCs subtending any Access Tandem Switches to which WSP directly connects. Qwest agrees to function as the Access Service Coordinator (ASC) as defined in the Multiple Exchange Carrier Ordering and Design Guidelines (MECOD). Qwest will provide the operational, technical and administrative support required in the planning, provisioning and maintenance involved in the joint access provisioning process to the IXCs. December 3, 2009/mms/Sprint SpectrumlWireless Originated 8XX JPSAIID Nego/Amendment to CDS-020419-0005 4