20140411Amendment.pdf

CENTURYLINK
1600 7th Avenue, Room 1506
Seattle, Washington 98191
[phone]
Facsimile [phone]
Maura E. Peterson
Paralegal
Regulatory Law
sITd
7rv Centurylink'
l tl.ii
10,2014
Yia Overnight delivery
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W est Washington Street
P.O. Box 83720
Boise, Idaho 83720-007 4
Re: Case No.: QWE-T-02-21
Application for Approval of the Amendment to
Interconnection Agreement
Dear Ms. Jewell:
Enclosed for filing are an original and three (3) copies of the Application for Approval of the
ICC Bill and Keep Amendment to the Interconnection Agreement between Qwest Corporation
dba Centurylink QC ("CenturyLink") and Sprint Spectrum L.P. 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.
MEP/jga
Enclosurecc: Service List
Lisa A. Anderl (WSBA#I3236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: (206) 343 -4040
li sa. anderl @centurylink. com
APPLICATION OF QWEST
CORPORATION dba CENTURYLINK QC
FOR APPROVAL OF AII
INTERCOI\NECTION AGREEMENT
PURSUAI\T TO 47 U.S.C. $252(e)
-.::':":t:'!i.!,?. ,. i a i .u
BEFORE THE IDAIIO PUBLIC UTILITIES COMMISSION
CASE NO.: QWE-T-02-21
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation dba CenturyLink QC 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 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.
AppIICarIoN FonAppnOvAL OF AMENDMENTTO TIIE
INTERcoNNECTToN AcREEMENT (SpRrNr Sprcrnuu L.P.) -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 Sprint to
interconnect with CenfuryLink 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 iequiring a hearing and does not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this 10tr day of April,2Ol4.
CENTURYLINK
(
\
6rc:
Attorney for Qwest Corporation dba CenturyLink QC
ApplrcenoN FoR AppRovALoF AMENDMENTTo rHE
INTERcoNNECnoN Acnrnunvr (Srnnn SrEcTRUM L.P.) -
CERTIFICATE OF SERVICE
I hereby certit/ that on this 1Otr day of April,2O14,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
47 2 W est Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
jj ewell@ouc. state. id.us
Mike Bray
VP - Roaming and Access Planning
Sprint Spectrum L.P.
6450 Sprint Parkway, Bldg. 14
MS: KSOPHN02I2
Overland Park, Kansas 66251
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AppLtcertoN Fon AppnovAl oF AMENDMENT To rHE
INrnncoNNncrroN AcREEMTNT (SrnrNr SpecrnuM L.P.) -
DocuSign Envelope lD: 2FBD7O12-E6C24828-9547-382DB9B03C1 D
ICC Bill and Keep Amendment
to the !nterconnection Agreement between
Qwest Corporation dba CenturyUnk QC
and
Sprint Spectrum 1.P., as agent and General Partner for WirelessCo, 1.P., jointly dlbla Sprint PCS
for the State of ldaho
This Amendment ("Amendment") is to the lnterconnection Agreement between Qwest Corporation dba
CenturyLink QC ("CenturyLink"), a Colorado corporation, and Sprint Spectrum 1.P., as agent and General
Partner for WirelessCo, 1.P., jointly d/b/a Sprint PCS ("CMRS"), a Delaware limited partnership
(collectively, the "Parties").
RECITATS
WHEREAS, the Parties entered into an lnterconnection Agreement, for service in the State of ldaho, that
was approved by the Commission in 2002; and
WHEREAS, the Federal Communications Commission in Docket No. 01-92, ln the Motter of Developing o
Unified lntercorrier Compensotion Regime, has issued orders that changed the current state of
applicable law with respect to, among other things, requirements surrounding the exchange of traffic
between CMRS providers and LECs ("FCC Orders" or "Orders"); and
WHEREAS, CMRS has requested to amend the Agreement based on the FCC Orders; and
WHEREAS, the Parties agree to amend the Agreement based on the FCC Orders 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 adding terms, conditions and rates, as set forth in this
Amendment and Attachment 1, attached hereto and incorporated herein by this reference.
By signature on this Amendment, CMRS has elected to modify existing contract terms in order to
implement the applicable provisions of the above mentioned FCC Orders.
Effective Date
This Amendment shall become effective on the date of Commission approval; however, the Parties
agree to implement the provisions of this Amendment effective July 1, 2012, pursuant to the FCC Order.
March 31, 2Ot4lmmslsprint Spectrum/lCC Bill and Keep/lD
Amendment to CD$020419-0005
DocuSign Envelope lD: 2FBD7 012-EOC2482B-9547-382DB9B03C 1 D
Further Amendments
Except as modified herein, the provisions of the Agreement shall remain in fullforce and effect. Except
as provided in the Agreement, this Amendment may not be further amended or altered, and no waiver
of any provision thereof shall be effective, except by written instrument executed by an authorized
representative of both Parties.
Entire Agreement
Other than the publicly filed Agreement and its Amendments, CenturyLink and CMRS have no
agreement or understanding, written or oral, relating to the terms and conditions for interconnection.
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.
Sprint Spectrum 1.P., as agent and
General Partner for WirelessCo, L.P.,
jointly d/b/a Sprint PCS
Qwest Corporation dba Centurylink QC
W::k
Signature
Mike Brav
Name Printed/Typed
VP - Roamins and Access Plannins
Title
4/L/20L4
Date
March 31, 2074lmms/Sprint Spectrum/lcC Bill and Keep/lD
Amendment to CDS-020419-0005
Signature
L. T. Christensen
Name Printed/Typed
Director - Wholesale Contracts
Title
4/2/20L4
Date
DocuSign Envelope lD: 2F8D7012-E6C2-4828-9547-382DB9BO3C'l D
Attachment 1
Notwithstanding anything set forth in the Agreement to the contrary, the following terms and
provisions shall govern the exchange of Non-Access Telecommunications Traffic, as defined in the
Order, between the Parties.
1. General.
L.2.
Bill and Keep shall mean the originating Party has no obligation to pay terminating charges to
the terminating Party.
Non-Access Telecommunications Traffic shall have the meaning set forth in 47 CFR 551.701(b)
that is originated or terminated as wireless traffic by CMRS' end user.
Pursuant to fl1005 of the Order, the Parties agree that this Amendment only applies to calls
that are initiated by or terminated to Sprint in its capacity as a CMRS provider. The re-
origination of a call originated by a non-CMRS provider over a wireless link in the middle of the
call path does not convert a wireline-originated call into a CMRS-originated call for purposes
of reciprocal compensation.
All other terms not otherwise defined in this Amendment are as defined in the Agreement.
2. lntercarrier Compensation.
2.L.Bill and Keep shall continue to apply to the exchange of Non-Access Telecommunications
Traffic, when such traffic is originated by the end users of one party and terminates to the end
users of the other Party. The Bill and Keep arrangement continues to exclude Transit Traffic,
which shall continue to be charged at the same rates in effect prior to this Amendment, with
the understanding that such rates for Transit Traffic have been expressed in terms of billing
elements (e.g., Tandem Switching, Tandem Switched Transport, Tandem Transmission) that
aren't applied to terminating Non-Access Telecommunications Traffic and are therefore not
affected by the Orders.
Tandem Management.
2.2.L. When Transit Traffic originated by a rural rate-of-return LEC is routed from such LEG
meet point with the CenturyLink network through a CenturyLink tandem to the Sprint Point of
lnterconnection on the CenturyLink network, and the rate-of-return LEC is not legally
obligated to compensate CenturyLink for the Transit Service provided in transporting the
traffic to Sprint as a result of paragraph 999 of the FCC Order, then Sprint upon notice from
CenturyLink (which notice will be given within a reasonable time after CenturyLink receives
notice from such Rural LEC)will either:
2.2.L.L. Establish direct interconnection with such Rural LEC; or
2.2.L.2. Pay the Transit Charges billed by CenturyLink to Sprint for such traffic, subject
to the payment and billing dispute provisions of the Agreement.
2.2.
March 31, 2OL$/mms/Sprint Spectrum/lCC Bill and Keep/lD
Amendment to CDS020419-0005
1.1.
1.3.
L.4.
DocuSign Envelope lD: 2F8D7012-E6C2*4828-9547-382DB9B03C1 D
2.2.2.When CenturyLink bills Sprint Transit Charges regarding a rate-of-return ILEC's
originated Transit Traffic under Section 2.2.L above, CenturyLink shall provide
sufficient detailto identify the particular rate-of-return ILEC that originated the traffic,
and the total volume of such traffic for the period of time being billed. CenturyLink
shall cooperate in providing any information requested by Sprint, including but not
limited to call detail records, necessary to verify Transit Traffic bills rendered by
CenturyLink for Rural LEC originating traffic.
3. Reservation of Rights. This amendment shall remain effective as long as the Agreement remains
effective between the Parties. Notwithstanding the foregoing, if as a result of any decision, order or
determination of any judicial or regulatory authority with jurisdiction over the subject matter
hereof, the FCC Orders regarding the bill-and-keep arrangements for Non-Access
Telecommunications Traffic within the scope of 47 C.F.R. 5 51.701(bX2) are reversed, modified or
remanded, then the Parties agree to comply with all requirements of the applicable decision, order
or determination. lf the order vacates or declares void the portion of the FCC's November L8,2OLL
order requiring bill-and-keep, then the parties agree that this amendment shall be void and of no
effect prospectively. ln addition, the parties will work cooperatively to implement any rulings of the
court and the FCC with regard to retroac-tive effect of any such decision, order or determination.
March 31, 2014/mms/Sprint Spectrum/lCC Bill and Keep/lD
Amendment to CDS020419-0005