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HomeMy WebLinkAbout20120907Amendment.pdfCenturyLink . 1600 7th Avenue, Room 1506 Seattle, Washington 98191 (206) 733-5178 Facsimile (206) 343-4040 Maura E. Peterson Paralegal Regulatory Law C F 1 V -:) 'T'l lTiS L;OP(;:.) '( it T. ,, CenturyLinkTM 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 . 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 U. S. Mail Overnight Delivery Facsimile Email Hand Delivery X U.S.Mail Overnight Delivery Facsimile / /fl C Maura Peterson Paralegal, CenturyLink APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 SPRINT COMMUNICATIONS COMPANY L.P. ICC VOIP . 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 . 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 . 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 . Exhibit A 19th Revision March 7, 2011 Page 1 of 1