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HomeMy WebLinkAbout20120322Amendment.pdf• Qwest 1600 7th Avenue, Room 3206 Seattle, Washington 98191 (206) 398-2504 Facsimile (206) 343-4040 Maura E. Peterson Paralegal Regulatory Law RECEiVED, 72 MAP, 22 AM 9:55 r." tnt iLjrt UTIUTIES COMM15L CenturyLinklM Via Overnight delivery March 21, 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-04-03 Application for Approval of Amendment to the Interconnection Agreement Granite Telecommunications, LLC Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation cl/b/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,/7Th mep Enclosure cc: Service list www.centurylink.com S Lisa A. Anderl (WSBA# 13236) CenturyLink 1600 7th Ave, Room 1506 Seattle, WA 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Adam.sherr@qwest.com RECEIVE-0 2012 MAR 22 MI 9:59 DAHC U3' UTILITIES COMMISSIOP4 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CASE NO.: QWE-T-04-03 CORPORATION DIBIA 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 d/b/a CenturyLink QC ("CenturyLink") hereby files this Application for Approval of Amendment to the Interconnection Agreement ("Amendment") filed with the Idaho Public Utilities Commission on February 26, 2004 (the "Agreement"). The Amendment with Granite Telecommunications, LLC ("Granite") 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 S Communications Commission. Expeditious approval of this Amendment will enable Granite to APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1 GRANITE • 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 ublic interest. Respectfully submitted this day of March, 2012. Lisa A. Ander Attorney for CenturyLink . C APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 GRANITE CERTIFICATE OF SERVICE I hereby certify that on this ?-t day of March, 2012, I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT upon all parties of record in this matter as follows: S Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 jjewell@puc.state.id.us Rand Currier Granite Telecommunications, LLC 100 Newport Ave Quincy, MA 02171 Hand Delivery U. S. Mail X Overnight Delivery Facsimile Email Hand Delivery X U.S.Mail Overnight Delivery Facsimile Leslie Johnson APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 GRANITE DocuSign Envelope ID: DE56E634-BF1 1-495A-AC22-C2DFEB60A87E AMENDMENT TO QWEST LOCAL SERVICES PLATFORM Tm ("QLSPTM") AGREEMENT This amendment ("Amendment"), by and between Qwest Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and Granite Telecommunications, LLC ("CLEC"), a Delaware limited liability company, amends the QWESTTM Local Services Platform ("QLSPTM") Agreement between the Parties. WHEREAS, the Parties entered into a QWESTTM Local Services Platform ('QLSPTM") Agreement (now referred to as a CenturyLinkTM Local Services Platform ("CLSPTM") Agreement) (the "Agreement") with an Effective Date of May 6, 2008; and WHEREAS, the Parties agree to amend the Agreement under the terms and conditions contained herein. NOW THEREFORE, in consideration of the foregoing and 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 Attachment 2-QLSP® Volume Commitment Plan Service Description to the Agreement is hereby amended by the addition of the following Section 3.3.6 at the end of Section 3.0 Rates and Charges: "3.3.6 Minimum Volume Growth Requirement Rollover. Beginning with the Measurement Period having a Start Date of 111112011, QLSP Volumes added during any Measurement Period that exceed the corresponding Minimum Volume Growth Requirement set forth in the table in Section 3.3.1 will apply towards the immediately subsequent Minimum Volume Growth Requirement. For the avoidance of doubt, it is expressly understood and agreed by the Parties that any such QLSP Volumes in excess of the corresponding Minimum Volume Growth Requirement will apply only to the immediately subsequent Measurement Period and will not carry forward to any other period. • Example: CLEC has 105,477 lines in service on Oct 31, 2010. CLEC has 116,614 lines in service on Oct 31, 2011. QLSP Volume growth during this Measurement Period equals 11,137 lines, which exceeds the Minimum Volume Growth Requirement by 3,137 lines. As a result, 3,137 lines would be applied towards the Nov 1, 2011 to Oct 31, 2012 Measurement Period Minimum Volume Growth Requirement of 8000 lines." Effective Date This Amendment shall be deemed effective upon the latest execution date by the Parties. Further Amendments Except as expressly modified by this Amendment, the provisions of the Agreement shall remain unmodified and shall be 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 of the Parties hereto. 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. Entire Agreement The Agreement as amended (including by the documents referred to herein, if any) constitutes the full and entire understanding and agreement between the Parties with regard to the subject matter 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 subject matter of the Agreement, as amended. . February 15, 2012/mms/Granite/Amendment to Qwest QLSPTM Agreement (VCP) Page 1 of 2 AZ-CDS-080424-0001; CO-CDS-080424-0002; lD-CDS-080424-0003; lA-CDS-080424-0004; MN-CDS-080424-0005; MT-CDS-080424-0006; NE-CDS-080424-0007; NM-CDS-080424-0008; ND-CDS-080424-0009; OR-CDS-080424-0010; SD-CDS-080424-001 1; UT-CDS-080424-001 2; WA-CDS-080424-001 3; WY-CDS-080424-0014 DocuSign Envelope ID: DE56E634-BFI 1-495A-AC22-C2DFEB60A87E AMENDMENT TO QWEST LOCAL SERVICES PLATFORM TM ('QLSPTM") AGREEMENT 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. Qwest Corporation dba Centu I 05E9FC6819D57454... i By: neauSignad B1 I T Chri.ft.n Name: L. T. Christensen Title: Director - Wholesale Contracts Date: 3/9/2012 Granite Telecommunications, LLC: c0octiftned by tL(vvr By: Name: Rand Currier Title: Chief Operating Officer Date: 3/8/2012 . I February 15, 2012/mms/Granite/Amendment to Qwest QLSPN Agreement (VCP) Page 2 of 2 AZCDS-080424-0001; CO-CDS-080424-0002; lD-CDS-080424-0003; IA-CDS-080424-0004; MN-CDS-080424-0005; MT-CDS-080424-0006; NE-CDS-080424-0007; NM-CDS-080424-0008; ND-CDS-080424-0009; OR-CDS-080424-0010; SD-CDS-080424-001 1; UT-CDS-080424-001 2; WA-CDS-080424-001 3; WY-CDS-080424-0014