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Home My WebLink About20120209Amendment.pdf. . . Qwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 MauraE. Peterson Paralegal Regulatory Law February 8, 2012 Jean Jewell, Secretar Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 RECEIVED S't: C t L- k 20'7FEB-9 AM 9:29~~~ en ury in ™ Via Overnight delivery Re: Case No. QWE-T-03-13 Application for Approval of Amendment to the Interconnection Agreement New Cingular Wireless PCS, LLC Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation d//a Century Link QC is an original and three (3) copies of the Application for Approval of Amendment to the Interconnection Agreement. 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 tlls r. mep Enclosure cc: Service list ww.centurylink.com .Lisa A. Ander! (WSBA#13236 ) CenturyLink 1600 7th Ave, Room 1506 Seattle, WA 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam. sherr (g qwest.com RECEIVED 2012 fEB -9 AM 9: 30 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORA TION D/B/A CENTURYLINK QC FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e) CASE NO.: QWE-T-03-13 APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT Qwest Corporation d//a CenturyLink QC ("CenturyLink") hereby files this Application for Approval of Amendment to the Interconnection Agreement ("Amendment"), which was . approved by the Idaho Public Utilities Commission on July 15, 2003 (the "Agreement"). The Amendment with New Cingular Wireless PCS, LLC ("New Cingular") 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 carrer 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. 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 Commssion. Expeditious approval of this Amendment wil enable New. APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT - Page 1 New Cingular Wireless PCS, LLC InterMT A Percentages Amendment . . . Cingular 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 hearng. Because this Amendment was reached through voluntary negotiations, it does not raise issues requiring a hearing and does not concern other parties not a pary to the negotiations. Expeditious approval would further the public interest..iRespectfully submitted this ~ day of February, 2012. r.c Lisa A. An Attorney for CenturyLink APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 New Cingular Wireless PCS, LLC InterMT A Percentages Amendment . CERTIFICATE OF SERVICE I hereby certify that on this ~ day of February, 2012, I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT upon all paries of record in this matter as follows: Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 ¡¡ewell (fpuc.state.id.us Hand Delivery U. S. Mail -X Overnight Delivery Facsimile Email Curtis D. Gardner New Cingular Wireless PCS, LLC 5565 Glenridge Connector, Suite 1520 Atlanta, GA 30342 Hand Deli very -- u. S. Mail Overnight Delivery Facsimile .~i n~ '\"L- Maura Peterso Paralegal, CenturyLink . APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 New Cingular Wireless PCS, LLC InterMT A Percentages Amendment 4 ~. . . . Cingular Agreement No. 20111215.034.C.. InterMTA Percentages Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service operating affilates, d/b/a AT&T Mobilty for the State of Idaho This is an Amendment ("Amendment') to the Interconnection Agreement between Owest Corporation dba CenturyLink OC ("CenturyLink"), a Colorado corporation, and New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service operating affliates, d/b/a AT&T Mobilty ("AT&T Mobility"), a Delaware limited liability company. CenturyLink and AT&T Mobility shall be known jointly as the "Parties". RECITALS WHEREAS, the Parties or their predecessors in interest entered into an Interconnection Agreement pursuant to 47 U.S.C. 251/252 ("Agreement") for service in the state of Idaho which was approved by the Idaho Public Utilities Commission ("Commission") on July 15, 2003; and WHEREAS, AT&T Mobilty and CenturyLink are currently negotiating replacement interconnection agreements for Idaho and certain other states in which CenturyLink provides local exchange service; and WHEREAS, during the pendency of these negotiations and until a replacement interconnection agreement is approved by the Commission for service in the state. of Idaho (the "Negotiation Period"), interconnection between the Parties will be controlled by the Agreement; and WHEREAS, the Agreement may not be clear regarding interMT A compensation rights and obligations of the Parties, the Parties have reached agreement on a resolution of those potential ambiguities and this Amendment sets out the resolution agreed to by the Parties for the Negotiation Period; and WHEREAS, the Parties desire to amend the Agreement according to the terms and conditions contained herein. AGREEMENT NOW THEREFORE, in consideration of the premises and the mutual terms, covenànts 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 1.Notwithstanding any provision in the Agreement to the contrary, the interMTA Percentages set forth below in this Paragraph 1 are the interMTA Percentages that AT&T Mobility agrees may be biled by CenturyLink and will be paid by AT&T December 14, 2011/kjcllnterMTA Percentages Amd/AT&T Mobilty/ID Amendment to CDS-030417 "0001 . . . Cingular Agreement No. 20111215.034.C Effective Date This Amendment shall be deemed effective upon approval by the Commission; however, the Parties agree to implement the provisions of this Amendment upon the Effective Date. Further Amendments Except as expressly set forth 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 representatives. No waiver by any Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, wil 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 instrl:ment. New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service operating affilates, d/b/a AT&T Mobilty Qwest Corporation dba CenturyLink QC Signature Signature Curtis D. Gardner Name PrintedfTyped L. T. Christensen Name PrintedfTyped Senior Contract Manager Title Director - Wholesale Contracts Title DateDate December 14, 2011/kjcllnterMTA Percentages Amd/AT&T Mobilty/ID Amendment to CDS-030417-0001 .. Cingular Agreement No. 20111215.034.C. Effective Date This Amendment shall be deemed effective upon approval by the Commission; however, the Parties agree to implement the provisions of this Amendment upon the Effective Date. Further Amendments Except as expressly set forth 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 representatives. No waiver by any Part of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, wil 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 t'.~"~: .... ::.:: -, -e~.::.~~\ The Agreement as amended (including thê documents referredto herein) constitutes¡tthe:,fulI: 'ij.. ,c,;,'.(; and entire understanding and agreement between the Partes with regard to the subjectsotthe : AgreiSment as amended and supersedes any. prior understandings, agraeerits; or representations by or between the Parties, written or oral, to the extent they relate: ir:'ai;y 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. New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service operating affilates, dÌb/a AT&T Mobilty Qwest Corporation dba enturyLink QC-1~~~?~~Signature Signature Curtis D. Gardner Name PrintedIyped L. T. Christensen Name PrintedIyped Senior Contract Manager Title Director - Wholesale ContractsTitle / 11, 12. Date I ¡Date '¡/5j/i- .December 14, 2011lkjclinterMTA Percentages AmdlAT&T MobiltyllD Amendment to CDS.030417.0001