20120607Amendment.pdf

Owest
1600 7th Avenue, Room 3206 RECEIVED 4jTM CenturyLinkTM Seattle, Washington 98191
[phone] 4 ) Facsimile [phone] 202 JUN - ti 10-15
Maura E. Peterson
Paralegal HC I U 0 Regulatory Law
1 ITILtTtES cJMM!SIUI
Via Overnight delivery
June 6, 2012
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
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 dlb/a CenturyLink
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 this matter.
Sincerely,
Maura E. Pete n
mep
Enclosure
cc: Service list
www.centurylink.com
Lisa A. Anderl (WSBA#13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
[e-mail]
JON -i
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION DIB/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
INTERCONNECTION AGREEMENT
Qwest Corporation d/b/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 and its Commercial Mobile Radio Service
operating affiliates, dlb/a AT&T Mobility ("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 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.
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 New
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
New Cingular Wireless PCS, LLC
ICC Bill and Keep 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
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 v day of June, 2012.
CENTURYLI K
Lisa A. Anderl
Attorney for CenturyLink
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
New Cingular Wireless PCS, LLC
ICC Bill and Keep Amendment
CERTIFICATE OF SERVICE
I hereby certify that on this day of June, 2012, 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
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
[e-mail]
Curtis D. Gardner
New Cingular Wireless PCS, LLC
5565 Glenridge Connector, Suite 1520
Atlanta, GA 30342
Hand Delivery
U. S. Mail
X Overnight Delivery
Facsimile
Email
Hand Delivery
X U. S. Mail
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Facsimile
Maura Peterson \.J
Paralegal, CenturyLink
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
New Cingular Wireless PCS, LLC
ICC Bill and Keep Amendment
ICC Bill and Keep Amendment
to the Interconnection Agreement between
Owest Corporation dba CenturyLink QC
and
New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service
operating affiliates, dlb/a AT&T Mobility
for the state of Idaho
This Amendment ("Amendment") is to the Interconnection Agreement between Qwest
Corporation dba CenturyLink 00 ("CenturyLink"), a Colorado corporation, and New Cingular
Wireless PCS, LLC, and its Commercial Mobile Radio Service operating affiliates, d/b/a AT&T
Mobility ("WSP") (collectively, the "Parties").
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement, for service in the State of
Idaho, that was approved by the Commission; and
WHEREAS, the Federal Communications Commission in Docket No. 01-92, In the Matter of
Developing a Unified Intercarrier Compensation Regime, issued an order that affects the: Parties
rights and obligations with respect to the exchange of traffic between WSP providers and LECs
effective December 29, 2011 ("FCC Order" or "Order"); and
WHEREAS, WSP has requested to amend the Agreement based on the Commission FCC
Order; and
WHEREAS, the Parties agree to amend the Agreement based on the FCC order 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
Attachment 1 attached hereto and incorporated herein by this reference and eliminates Exhibit
J, if applicable.
By signature on this Amendment, WSP has elected to modify existing contract terms in order to
implement the applicable provisions of the above mentioned Order.
Effective Date
On December 14, 2011, WSP requested to negotiate changes to its Agreement due to changes
in law affecting reciprocal compensation. The Parties agree to implement the provisions of this
Amendment effective July 1, 2012.
April 12, 2012/New Cingular/ICC Bill and Keep Amd/ID
Amendment to cDs-030417-0001
Further Amendments.
Except as modified herein, the provisions of the Agreement shall remain in full force 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 WSP 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.
New Cingular Wireless PCS, LLC,
and its Commercial Mobile Radio Service
operating affiliates, dlbla AT&T Mobility
P~qjp
Signature
Curtis D. Gardner
Name Printed/Typed
Senior Contract Manager
Title
Date
Qwest Corporation dba CenturyLink QC
/
Signature
L. T. Christensen
Name Printed/Typed
Director - Wholesale Contracts
Title
Date
April 12, 2012/New Cingular/ICC Bill and Keep Amd/ID
Amendment to CDS-030417-0001
2
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
1.1. Bill and Keep shall mean the originating Party has no obligation to pay terminating
charges to the terminating Party.
1.2. Non-Access Telecommunications Traffic shall have the meaning set forth in 47 CFR
§51.701 (b) that is originated or terminated as wireless traffic by WSP's end user.
1.3. All other terms not otherwise defined in this Amendment are as defined in the ICA.
2.Intercarrier Compensation.
2.1. Bill and Keep shall apply to the exchange of Non-Access Telecommunications Traffic,
solely when such traffic terminates to the End User Customers of one of the Parties.
This compensation arrangement shall supersede any previous usage-based
terminating charges for End Office Call Termination, Tandem Switched Transport,
Tandem Transmission charges and/or FCC - ISP Rate Caps listed in Exhibit A of the
ICA.
2.2. Notwithstanding anything in this Amendment or in the Agreement to the contrary, Bill
and Keep shall not apply to the right of CenturyLink to be compensated for Transit
Traffic that transits a CenturyLink Tandem. Such Transit Traffic shall be at the same
rates that existed prior to this Amendment, and any adjustment to reciprocal
compensation rate element(s) that are assessed by a Party for terminating Non-
Access Telecommunications Traffic pursuant to the Order shall not apply for purposes
of calculating the rate(s) to be charged by CenturyLink for providing a Transit Service.
3.WSP agrees that it will only route traffic from its own wireless End User Customers to
CenturyLink for termination to CenturyLink End User Customers or as Transit Traffic
destined for a third party. In the event WSP routes any traffic from third parties to
CenturyLink in violation of this paragraph, CenturyLink shall be entitled to seek injunctive
relief and to recover damages, including without limitation, compensation for such traffic at
the rate that is then applicable to intrastate access traffic.
4.Tandem Management.
4.1. When Transit Traffic originated by a third party is routed through a CenturyLink
Tandem to WSP, and the third party is not legally obligated to compensate
CenturyLink for the Transit Service provided in transporting the traffic to WSP as a
result of paragraph 999 of the FCC Order, then WSP, upon notice from CenturyLink
(which notice will be given within a reasonable time after CenturyLink receives notice
from any such third party) will either:
April 12, 2012/New Cingular/ICC Bill and Keep Amd/ID
Amendment to CDS-030417-0001
4.1 .1. Establish direct interconnection with such third party; or
4.1.2. Pay the Transit charges for such traffic.
4.2. Transit Service is provided by CenturyLink, as a local and Access Tandem Switch
provider to the WSP to enable the completion of calls originated by or terminated to
end users of another Telecommunications Carrier which is connected to CenturyLink's
Switches.
4.3. Except as may be contemplated by Section 4.1 above, the originating company is
responsible for payment of appropriate rates to the transit company and to the
terminating company. The Parties agree that it is the originating Party's sole
responsibility to enter into traffic exchange agreements with third party
Telecommunications Carriers prior to delivering traffic to be transited to third party
Telecommunications Carriers. In the event one Party originates traffic that transits the
second Party's network to reach a third party Telecommunications Carrier with whom
the originating Party does not have a traffic exchange agreement, then the originating
Party will indemnify, defend and hold harmless the second Party against any and all
charges levied by such third party Telecommunications Carrier, to the extent that the
originating company is obligated to pay such charges to the terminating company,
including any termination charges related to such traffic and any attorneys fees and
expenses.
5. Reservation of Rights. Effective July 1, 2012, reciprocal compensation will be bill and keep,
but notwithstanding anything in this Amendment or in the Agreement to the contrary, and
notwithstanding the execution of this Amendment by the Parties, such bill and keep
arrangement shall be in all respects subject to the provisions of any future stay, revision,
reconsideration, change or modification of the Order by the FCC or a court of competent
jurisdiction.
April 12, 2012/New Cingular/CC Bill and Keep Amd/ID
Amendment to CDS-030417-0001