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HomeMy WebLinkAbout20100115Amendment.pdfQwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343.4040 f',E.ct., ?" i~ ~i 1~\~ ,\~" \ i r'\'t,.é" Maura E. Peterson Paralegal Regulatory Law Qwest~ Spirit of Service~ Via Overnight delivery Januar 6, 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 -04-1 Application for Approval of Amendment to the Interconnection Agreement Sprint Communications Company 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 assistance in this m r. ~cerelY' MauraE. 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 (f qwest.com HECE pl' 2' 42 1~\~ JM'l \ i . BEFORE THE IDAHO PUBLIC UTILITIES COMMSSION APPLICATION OF QWEST CORPORA TION FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e) CASE NO.: QWE-T-04-1 APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT Qwest Corporation ("Qwest") hereby fies this Application for Approval of Amendment to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public Utilities Commssion on Januar 13,2004 (the "Agreement"). The Amendment with Sprint Communications Company L.P. ("Sprint") is submitted herewith. This Amendment was reached through voluntary negotiations without resort to mediation or arbitration and îs 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 INTERCONNECTION AGREEMENT - Page 1 Sprint Communications Company L.P.-JSPA Amendment interconnect with Qwest facilities 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 furher the public interest. Respectfully submitted this qri. day of January, 2010. APPLICATION FOR APPRO V AL OF AMNDMENT TO THE INERCONNCTION AGREEMENT - Page 2 Sprint Communications Company L.P.-JSPA Amendment CEIlTIFICATE OF SERVICE I hereby certify that on this qft- 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 Utilities Commssion 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 JJewell (f puc. state.id. us Hand Delivery U. S. Mail -- Overnight Delivery Facsimile Email Gary B. Lindsey Director-Access Solutions Sprint Communications Company, L.P. 6330 Sprint Parkway Overland Park, Kansas 66251 Hand Delivery -- U. S. Mail Overnight Delivery Facsimile Email ~ APPLICATION FOR APPRO V AL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 3 Sprint Communications Company L.P.-JSPA Amendment Originated Toll Free Service Jointly Provided Switched Access ("JPSA") Amendment to the Interconnection Agreement between Qwest Corporation and Sprint Communications Company L.P. for the State of Idaho This is an amendment ("Amendment") to incorporate certain terms and conditions related to Originated Toll Free Service JPSA traffic into the Agreement between Owest Corporation ("Owest"), a Colorado corporation,. and Sprint Communications Company L.P. ("Sprint"), a Delaware limited partnership. Owest and Sprint 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, Sprint offers a tariffed service ("Toll Free 8YY Transit Traffc Service"); and WHEREAS, the Parties wish to amend the Agreement to add terms and conditions that wil permit 8XX Third Party Carriers to route unqueried originated Toll Free Service JPSA traffic to Sprint for the 8XX database dip, and to route the queried traffc to IXCs served by Owest as JPSA traffic via Sprint's LIS trunks. 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 suffciency of which is hereby acknowledged, the Parties agree as follows: Amendment Terms The Agreement is hereby amended to incorporate the terms and conditions set forth in Attachment 1 to this Amendment, attached hereto and incorporated herein by this reference. Effective Date This Amendment shall be effective upon approval by the Commission and shall be effective for the term of the Agreement, including any applicable renewal or "evergreen" period ("Amendment Term"). The Parties agree to implement the provisions of this Amendment upon execution. Scope This Amendment shall amend, modify and revise the Agreement only to the extent specifically set forth in Attachment I of this Amendment. All other terms and provisions of the Agreement shall remain in full force and effect. November 17, 2009/mms/SprintlOriginated Toll Free Service JPSAIID Nego/Amendment to CDS-031208-0002 Conflicts In the event of a conflict between this Amendment and the terms and conditions of the Agreement, this Amendment shall control. 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, 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 instrument. Communications Company L.P.Qwest Corporation1rcíSignature Paul Schieber Name PrintedlTyped L. T. Christensen Name PrintedlTyped VP Access & Roaming Planning Title lJ /3)CJ1Dati r ~, Director - Wholesale ContractsTitle 4 /i?krDate I November 17, 2009/mms/SpnnUOriginated Toll Free Service JPSAIID Nego/Amendment to CDS-031208-0002 2 ATTACHMENT 1 Originated Toll Free Service Jointly Provided Switched Access (JPSA) 1. DEFINITIONS All terms used in this Amendment but not defined herein shall have the meaning set forth in the Agreement. Any references to, "8XX Third Part Carrier" and Commercial Mobile Radio Service" or "CMRS provider" in the definitions below shall only apply to the terms and conditions of this Amendment. "8XX Third Party Carrier" means a CMRS provider whose originating Toll Free Service traffic transits Sprint's network, is queried by Sprint's network, and routes the queried traffc to IXCs served by Qwest as JPSA traffic via Sprint's LIS trunks. "Meet-Point Biling" or "MPB" or "Jointly Provided Switched Access" or "JPSA" refers to an arrangement whereby two (2) or more Telecommunications Carriers including an ILEC, Sprint or CMRS provider 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 ILEC, Sprint or CMRS provider receiving an appropriate share of the revenues from the IXC as defined by their effective Switched Access Tariffs or, if applicable, CMRS contract. "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 biling of an Access Service provided by two or more Telecommunications Carriers (including a 8XX Third Party Carrier, LEC and/or a Sprint), 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 ATIS (0404120-0006), contains recommended guidelines for processing orders for Access Service which is to be provided by two or more Telecommunications Carriers (including an 8XX Third Party Carrier, LEC and/or a Sprint). 2. JOINTLY PROVIDED SWITCHED ACCESS SERVICES 2.1 Jointly Provided Switched Access Service is defined and governed by the FCC and state access Tariffs, Multiple Exchange Carrier Access Biling (MECAB) and Multiple Exchange Carrier Ordering and Design (MECOD) Guidelines and based on LERG routing, and is not modified by any provisions of this Agreement. Both Parties agree to comply with such guidelines. For each 8XX Third Party Carrier, Sprint will require that such third party update the LERG to reflect that Sprint is the "800 SSP" for the 8XX Third Party Carrier's Mobile Services Switching Center (MSC). 2.2 Qwest has taken the approach as outlined in Section 2.4.1 to national committees to determine if documents and processes require updating to specifically address this approach. November 17, 2009/mms/SprintlOriginated Toll Free Service JPSAIID Nego/Amendment to CDS-031208-0002 3 Both Sprint and Owest agree to amend the Agreement to reflect any new industry standards that conflict with the terms and conditions of this Amendment. 2.3 Sprint acknowledges 8XX Third Party Carriers wil be set up with Qwest as "Meet Point Billing" carriers, which means that Owest's billng to IXCs for this traffic is based on Owest FCC Access Tariff No.1, section 2.4.7. Sprint agrees to use commercially reasonable efforts to set up 8XX Third Party Carriers as Meet Point Billng carriers with Owest thirt (30) days prior to the date such 8XX Third Party Carrier's originated Toll Free Service JPSA traffc begins transiting Sprint's network. Sprint wil provide Owest with an initial list of 8XX Third Party Carrier switch CLLls and NPAlNXXs homed on such switches. For JPSA traffic that terminates to 8XX Third Part Carrier via the Type 2 trunks the 8XX Third Party Carrier has with Owest, it is Owest's position that it is appropriate for Qwest to implement the proposed BP at 100% Qwest and the route wil show only Owest and 8XX Third Party Carrier. Owest and Sprint understand and agree that Sprint does not play a role in this traffic and is therefore not concurring in this determination by Owest. Sprint wil provide Owest with an initial list of all CLLls associated with Sprint's switches and the Parties agree to work jointly to validate information associated with the Qwest system updates. Consistent with the other requirements in the Agreement, Sprint wil notify Owest of any additional Sprint NPAlNXXs or switches prior to the exchange of such traffic, so that its internal systems may be updated. Qwest wil notify Sprint when such system update is complete. 2.4 Owest will use a "proposed Biling Percentage ("BP" in its biling tables further outlined below. JPSA routes wil be established in Owest tables as follows: ". 2.4.1 For originated Toll Free Service JPSA traffic originated by 8XX Third Part Carriers, sent to Sprint then to Owest via the LIS facilities in place between Sprint and Owest, the proposed BP wil equal the current BP between Qwest and Sprint (generally 0% Owest), and the route wil show only two parties: Sprint and Owest. If it is determined later that these routes wil be fied in NECA, this route would then include Sprint as an intermediate carrier although the Qwest BP would be unchanged (generally 100% Sprint). 2.5 Exchange Message Interface (EM I) Category 11 JPSA records wil be provided to Owest by Sprint for any 8XX Third Party Carrier's originated Toll Free Service JPSA traffic exchanged from 8XX Third Party Carrier's NPAlNXXs to Owest via Sprint LIS trunks for delivery to IXCs to ensure such traffic is treated appropriately in Owest's access billng systems, unless otherwise negotiated by the Parties. 2.6 Owest agrees to function as the Access Service Coordinator (ASC) as defined in the Multiple Exchange Carrier Ordering and Design (MECOD) Guidelines. Owest wil provide the operational, technical and administrative support required in the planning, Provisioning and maintenance involved in the joint access Provisioning process to the IXCs. Owest wil not fulfill the role of ASC if Sprint does not fully comply with MECOD requirements, including filing Sprint's End Office Switches and BPs in the NECA 4 Tariff. 2.7 Owest and Sprint wil each prepare and render a separate bil to the IXC in accordance with its own Tariff or contract for the portion of the service it provides. November 17, 2009/mms/SprintlOriginated Toll Free Service JPSAIID Nego/Amendment to CDS-031208-0002 4