HomeMy WebLinkAbout20120907Amendment.pdfCenturyLink
. 1600 7th Avenue, Room 1506
Seattle, Washington 98191
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Facsimile (206) 343-4040
Maura E. Peterson
Paralegal
Regulatory Law
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Via Overnight delivery
September 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-04-01
Application for Approval of Amendment to the Interconnection Agreement
Sprint Communications Company L.P.
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation dba CenturyLink
QC ("CenturyLink") 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 ma e
Sincerely, I
Maura E. Peso
mep
Enclosure
cc: Service list
.
www.centurylink.com
Lisa A. Anderl (WSBA# 13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: (206) 733-5178
Facsimile: (206) 343-4040
Adam.shen@qwest.com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST CASE NO.: QWE-T-04-1
CORPORATION dba CENTURYLINK QC
FOR APPROVAL OF AN APPLICATION FOR APPROVAL OF
INTERCONNECTION AGREEMENT AMENDMENT TO THE
PURSUANT TO 47 U.S.C. §252(e) INTERCONNECTION AGREEMENT
Qwest Corporation dba 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 January 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 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
0
Communications Commission. Expeditious approval of this Amendment will enable Sprint to
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
SPRINT COMMUNICATIONS COMPANY L.P.
ICC VOIP
• 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 the1 public interest.
Respectfully submitted this day of September, 2012.
CENTURY K
Lisa A. Anderl
Attorney for Qwest
.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
SPRINT COMMUNICATIONS COMPANY L.P.
ICC V011
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CERTIFICATE OF SERVICE
I hereby certify that on this . day of September 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
jjewell@puc.state.id.us
Sprint Communications Company L.P.
Gary B. Lindsey
Director-Access Solutions
Sprint Communications Company, L.P.
6330 Sprint Parkway
Overland Park, Kansas 66251
Hand Delivery
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C Maura Peterson
Paralegal, CenturyLink
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
SPRINT COMMUNICATIONS COMPANY L.P.
ICC VOIP
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DocuSign Envelope ID: 951 27465-68AE-41 32-BF81 -F8234A83699C
ICC V0IP Amendment
to the Interconnection Agreement between
Qwest Corporation dba CenturyLink QC
and
Sprint Communications Company L.P.
for the State of Idaho
This Amendment ("Amendment") is to the Interconnection Agreement between Qwest
Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and Sprint
Communications Company, L.P. ("CLEC"), a Delaware Limited Partnership, (collectively, the
"Parties").
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement ("Agreement"), for service in
the State of Idaho, that was approved by the Commission in January 2004; 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 V0IP traffic between CLEC providers and
LECs in addition to revised call signaling rules effective December 29, 2011 ("FCC Order" or
"Order"); and
WHEREAS, the Parties agree to amend the Agreement in response to 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 replacing and adding terms, conditions, and rates as set
forth in Attachment 1 and Exhibit A, attached hereto and incorporated herein by this reference.
The provisions included in Attachment 1 are intended to supersede and replace the same
numbered provisions in the Agreement and be added to the Agreement to the extent that the
applicable numbered provision is not currently in the Agreement.
By signature on this Amendment, CLEC has elected to modify existing contract terms in order to
implement the applicable provisions of the above mentioned Order.
Effective Date
This Amendment shall be deemed effective upon Commission approval; however, pursuant to
the Parties Agreement change in law language, the Parties agree to implement the provisions of
this Amendment as of December 29, 2011.
July 31, 2012/mms/Sprint/lCC VoIP AmendmentllD
Amendment to cDs-031 208-0002
DocuSign Envelope ID: 95127465-68AE-41 32-BF81 -F8234A83699C
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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.
Reservation of Rights
The Parties disagree about the interpretation and implications of certain aspects of the FCC
Order. However, without prejudice to either Party's position concerning the FCC Order, the
Parties agree that the exchange of V0IP-PSTN Traffic, charges for such traffic, and call
signaling obligations shall be handled in the manner set forth herein for purposes of this
Agreement only. Such handling has been formulated based upon numerous factors and
considerations, including without limitation, current regulatory uncertainty, resource allocation
issues, and other circumstances. Both Parties reserve the right to advocate any position with
regard to the matters set forth in this Amendment. The terms, including the definitions,
contained in this Agreement shall not be deemed or considered to have any probative value as
. to the substance of either Party's rights or advocacy positions, nor shall this Agreement be
deemed to constitute the acquiescence by either party, or a waiver by either party, to the future
treatment of such matters outside the context of this Agreement. Neither Party shall have any
affirmative duty to respond to any advocacy by the other Party about the laws applicable to such
matters nor be estopped or otherwise precluded from asserting any such rights reserved
hereunder at any time hereafter, without any diminishment of such right based upon the
passage of time or any course of conduct.
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.
July 31, 2012/mms/SprintllCc VoIP Amendment/ID
Amendment to cDs-031208-0002 2
DocuSign Envelope ID: 95127465-68AE-41 32-BF8I -F8234A83699C
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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 Communications Company, L.P.
L'DI.311'091=84N...
Signature
Paul Schieber
Name Printed/Typed
VP Access Strate gy & Planning
Title
8/6/2012
Date
Qwest Corporation dba CenturyLink QC
L By: L T Christensen
Signature
L. T. Christensen
Name Printed/Typed
Director - Wholesale Contracts
Title
8/7/2012
Date
.
0 July 31, 201 2lmmslSprint/Icc VoIP Amendment/ID
Amendment to CDS-031208-0002
DocuSign Envelope ID: 951 27465-68AE-41 32-BF81 -F8234A83699C
0 Attachment I
ICC Voice over Internet Protocol (V0IP) Amendment
Notwithstanding anything set forth in the Agreement to the contrary, the following terms and
provisions shall govern the intercarrier compensation between the Parties for the exchange of
VolP-PSTN Traffic.
Section 4.0 - DEFINITIONS
"V0IP-PSTN Traffic" includes any traffic previously referred to in the Agreement as "VolP" or
"V0IP Traffic" or "IP Enabled Voice Traffic", and is defined as traffic which is exchanged
between a CenturyLink end user and the CLEC end user in Time Division Multiplexing ("1DM")
format that originates and/or terminates in Internet Protocol ("IP") format, as determined in the
Order, and terminates to a Party's End User Customer.
"Local VolP-PSTN Traffic" is V0IP-PSTN Traffic that physically originates and terminates within
the Local Calling Area as determined by the Commission.
"Toll VoIP-PSTN Traffic" is VolP-PSTN Traffic that physically originates and terminates in
different Local Calling Areas as determined by the Commission.
Section 7.0 - INTERCONNECTION
7.2 Exchange of Traffic
7.2.1.3 Local V0IP-PSTN Traffic and Toll VoIP-PSTN Traffic may be exchanged under
this Agreement.
7.3 Intercarrier Compensation
7.3.8 Signaling Parameters: CenturyLink and CLEC are required to provide each other the
proper signaling information (e.g., originating Calling Party Number (CPN), Charge Number
(ChN) and destination called party number, etc.) as required by Applicable Law and further
clarified by the FCC Order to enable each Party to issue bills in a complete and timely fashion.
All CCS signaling parameters will be provided unchanged including CPN, calling party category,
ChN and Originating Line Information Parameter (OLIP) on all calls. All privacy indicators will
be honored. The ChN is to be passed unaltered in SS7 signaling fields where it is different than
CPN; ChN must not be populated with a number associated with an intermediate switch,
platform, or gateway, or other number that designates anything other than a calling party's
charge number; and if MF signaling is used by the CLEC then the ChN must be included in the
ANI field if different from the CPN. Where S57 connections exist, each Party shall pass all CCS
signaling parameters, where available, on each call carried over Interconnection trunks. If either
Party fails to provide valid originating information such traffic will be billed as Interstate Switched
Access when the calls traverse an interconnection trunk. The Parties will coordinate and
exchange data as necessary to determine the cause of the CPN/ChN failure and to assist its
correction.
7.3.9 VoIP-PSTN Traffic
7.3.9.1 Local V0IP-PSTN Traffic
July 31, 2012/mms/SprntIlCC VoIP AmendmentllD
Amendment to CDS-031208-0002
DocuSign Envelope ID: 951 27465-68AE-41 32-BF81 -F8234A83699C
7.3.9.1.1 CLEC and CenturyLink will exchange Local VoIP-PSTN Traffic on the
same basis and at the same rates as Exchange Service (EAS/Local) Traffic and such
Local V0IP-PSTN Traffic will be identified as such by using the originating and
terminating call detail information of each call unless the Parties specifically agree
otherwise. This call jurisdiction method described herein is intended by the Parties as a
proxy to determine the jurisdiction of a call, i.e., the actual geographic end points of the
call, and the Parties acknowledge that there may be some circumstances where the
actual geographic end points of a particular call may be difficult or impossible to
determine. At any time during the term of this Agreement, CLEC and CenturyLink may
agree on alternate methods to establish call jurisdiction based on regulatory or
technological evolution. The Parties agree that it is in the best interest of both Parties to
work together in an effort to continue to improve the accuracy of jurisdictional data and
such efforts shall not be reasonably withheld by either Party.
7.3.9.2 Toll V0IP-PSTN Traffic
7.3.9.2.1 CLEC and CenturyLink will exchange Toll VolP-PSTN Traffic at each
Party's rates applicable to Toll VoIP-PSTN Traffic, in their respective interstate or
intrastate tariffs, and the jurisdiction of such Toll VoIP-PSTN Traffic will be identified as
InterLATA Traffic or IntraLATA Toll Traffic by using the originating and terminating call
detail information of each call unless the Parties specifically agree otherwise. This call
jurisdiction method described herein is intended by the Parties as a proxy to determine
the jurisdiction of a call, i.e., the actual geographic end points of the call, and the Parties
acknowledge that there may be some circumstances where the actual geographic end
points of a particular call may be difficult or impossible to determine. At any time during
the term of this Agreement, CLEC and CenturyLink may agree on alternate methods to
establish call jurisdiction based on regulatory or technological evolution. The Parties
agree that it is in the best interest of both Parties to work together in an effort to continue
to improve the accuracy of jurisdictional data and such efforts shall not be reasonably
withheld by either Party. For avoidance of doubt, the Parties agree the references to the
tariff rates contained within this section 7.3.9.2 are for purposes of identifying the agreed
to rate for the Toll VolP-PSTN traffic exchanged under this Agreement and it is not the
intent of the parties to incorporate the tariffs, including the tariff terms and conditions,
into this Agreement.
7.3.9.2.1.1 InterLATA Traffic, whether it is interstate or intrastate, which is Toll
V0IP-PSTN Traffic will be exchanged at each Party's rates applicable to Toll
VoIP-PSTN Traffic, in their respective interstate or intrastate tariffs. Any Transit
Traffic which is both interLATA and Toll VolP-PSTN will be exchanged at each
Party's rates applicable to Toll VoIP-PSTN Traffic, in their respective interstate or
intrastate tariffs.
7.3.9.2.1.2 IntraLATA Toll Traffic which is Toll VolP-PSTN Traffic will be
exchanged at each Party's rates applicable to Toll VoIP-PSTN Traffic, in their
respective interstate or intrastate tariffs. Both Parties will use the Local
Interconnection Service Percent VoIP Usage (LIS-PVU) factor in Exhibit A to
determine the amount of IntraLATA Toll Traffic that shall be deemed as Toll
VolP-PSTN Traffic. The Parties shall also apply the LlS-PVU factor to any
Transit Traffic which is lntraLATA Toll Traffic, which shall be exchanged at each
so Party's rates applicable to Toll VoIP-PSTN Traffic, in their respective interstate or
July 31, 201 2/mms/SprintIICC VoIP Amendment/ID
Amendment to cDs-031208-0002
DocuSign Envelope ID: 95127465-68AE-4132-BF8I -F8234A83699C
intrastate tariffs. The LIS-PVU factor may be updated by a further Amendment
mutually negotiated by the Parties.
7.3.9.2.1.2.1 The LIS-PVU factor shall be the percentage of total
terminating IntraLATA Toll Traffic which is Toll VoIP-PSTN Traffic, that in
the absence of such LIS-PVU, would be billed at intrastate access rates.
The LIS-PVU factor shall be based on information such as the number of
the CLEC's retail V0IP subscriptions in the state (e.g., as reported on
FCC Form 477), traffic studies, actual call detail, or other relevant and
verifiable information which will be exchanged by the parties.
7.3.9.2.1.3 The Parties do not agree whether compensation other than the
compensation for Entrance Facility, MUX and Direct Trunked Transport currently
delineated in Exhibit A is due for the portion of LIS facilities used for Toll V0IP-
PSTN Traffic. The Parties do agree that the portion of LIS facilities used for Toll
V0IP-PSTN Traffic listed in Exhibit A as the Local Interconnection Service
Facilities Percent VoIP Usage (LIS-Facility-PVU) are at a level such that the
efforts and costs in applying the LIS-Facility PVU exceed the value in the
amounts that would be paid and therefore the entire facility will be billed pursuant
to Exhibit A of the Agreement without application of the LIS-Facility-PVU. In the
event that the LIS-Facility-PVU factor in Exhibit A increases by more than ten
(10) percentage points for any month, either Party may notify the other Party, of
its intent to negotiate an amendment to the Agreement for additional
compensation for the LIS-Facility PVU for the portion of LIS facilities used for Toll
VolP-PSTN Traffic. The Parties understand and agree that the effective date of
any such amendment would be the date of any such request.
7.3.9.2.1.4 CenturyLink shall provide billing adjustments on a monthly basis in
the same month that the usage is billed until such time as billing system
modifications can be implemented to apply the applicable rate to all Toll VoIP-
PSTN Traffic on an automated basis. These adjustments shall not be treated as
billing errors under PID/PAP.
7.3.9.2.1.5 Any factors established by the Parties for the previous sections of
7.3.9.2 shall be based on the particular characteristics of the traffic exchanged
within the State between CLEC and CenturyLink and shall not be subject to
adoption by anyone not a Party to this Agreement, or apply to any other service
areas.
S
July 31, 2012/mms/Sprint/lcc VoIP Amendment/ID
Amendment to CDS-031208-0002 6
DocoSign Envelope ID, 95127465-68AE-4132-BF81-F8234A83699C
ICC V0IP Amendment Exhibit A
EAS! Local Traffic
Reciprocal Compensation
Election
I I7.12 -
Amendment I
Toll VoIP-PSTN Traffic
- - Bill and Keep::..::: Notes
7.12.1 Toll VoIP-PSTN Traffic - - - CenturyLink's
Interstate
Access Tariff
CenturyLink's
Interstate
Access Tariff
-
- 7.12.2 Local Interconnection Service VOIP Percent
of IntraLATA Usage (LIS-PVU)
- - 100% 100% 3 3
- 7.12.3 Local Interconnection Service VOIP
Percent of Facilities (LIS-Facility-PVU)
- - 2% 2% 3 3 -
NOTES:
3 ICB, Individual Case Basis
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Exhibit A 19th Revision
March 7, 2011 Page 1 of 1