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HomeMy WebLinkAbout20171201Amendment.pdfRECEIVED 20t10[C - | PH l?r l5 Centurylink'sITd TrrY ,,',',*'?ffLo#,f&l C SSION November 30,2017 Via Overnight delivery Ms. Diane Hanian, Secretary Idaho Public Utilities Commission 472 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-007 4 Case No.: QWE-T-04-03 Application for Approval of Interconnection Agreement Dear Ms. Hanian: Enclosed for filing are an original and two (2) copies of the ClEC-Requested Unbundled Network Elements Construction ("CRUNEC") Amendment to the Interconnection Agreement between Qwest Corporationdlbla CenturyLink QC and Granite Telecommunications LLC for the State of Idaho. 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 Re: Enclosure(s)cc: Service List Legal Assistant III www.centu rylin k.com 1600 7tn Avenue, Room 1506 Seattle, Washington 98191 206-733-5236 iosie.addington@centurvlink.com G. Lisa A. Anderl (WSBA#I3236) CenturyLink 1600 7th Ave, Room 1506 Seattle, Washington 98191 Telephone: (206) 345-1 57 4 li sa. anderl @centurylink. com Applrc.ruoN oF Qwrsr Conronq,rroN DBA CBNrunyLrNK QC Fon AppnovAl oF AN AlrnNourNT To INTBRcoxNECTIoN AcnBBvrnNT wrrH Gn c.NrrB TBr,scoNrN{uNrcATroNs LLC PuRsu.qxr ro 47 U.S.C. $2s2(e) RECEIVEO t0l] t}EC ,| Pt{ t?; I5 ;iljii-iC PUfiLIC;r ;ii lTtr$ CSMMISS|ON CASE NO.: QWE-T-04-03 APPLICATION FOR APPROVAL OT' AMENDMENT TO INTERCONNECTION AGREEMENT BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION Qwest Corporation dba CenturyLink QC ("CenturyLink") hereby files this Application for Approval of Amendment to the Interconnection Agreement. The Interconnection Agreement was approved by the Idaho Public Utilities Commission on February 26,2004 under Order No. 29433 (the "Agreement"). The ClEC-Requested Unbundled Network Elements Construction ("CRUNEC") Amendment to the Interconnection Agreement ("Amendment") between CenturyLink and Granite Telecommunications LLC ("Granite Telecommunications") 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 APPLICATIoN FoR APPRoVAL oF AMENDMENT To INTERCoNNECTIoN ACnpsN,IeNT GRINITp TELECoMMUNICATIoNS LLC _ Page 1 CenturyLink 1600 7fr Ave., Suite 1506 Seattle, WA 98191 Telephone: (206) 345-157 4 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 Granite Telecommunications 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 30th day of November, 2017. A. Attomey for Corporation dba CenturyLink QC Appl-IcanoN FoR APPRoVAL oF AMENDMENT To INTERCoNNECTIoN AcREstrmNr GnaNrrp TELECoMMUNTcATToNS LLC - Page2 CenturyLink 1600 7fr Ave., Suite 1506 Seattle, WA 98191 Telephone: (206) 345-1 57 4 CERTIFICATE OF SERVICE I hereby certify that on this 30th day of November, 2017,I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT upon all parties of record in this matter as follows: Diane Hanian, Secretary Idaho Public Utilities Commission 472 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 Diane.Hanian@puc. idaho. gov Rand Cunier, Chief Operating Officer Granite Telecommunications LLC 100 Newport Avenue Extension Quincy, Massachusetts 02171 Hand Delivery U. S. MailXX Overnight Delivery Facsimile Email Hand Delivery XX U. S. Mail Overnight Delivery Facsimile Email Josie APPLICATIoN Ton AppRovaI oT AveNouENT To INTERCoNNECTIoN AGREEMENT Gnalmp TELECOMMUNTCATTONS LLC - Page 3 CenturyLink 1600 7* Ave., Suite 1506 Seattle, WA 98191 Telephone: (206) 345-l 574 DocuSign Envelope lD: 369CC71 E-DFDC-47C8-8EEE-5604983F01 1 I CLEC-Requested Unbundled Network Elements Gonstruction ("CRUNEC") Amendment to the lnterconnection Agreement between Qwest Corporation dba CenturyLink QC and Granite Telecommunications LLG for the State of ldaho This Amendment ("Amendment") is made and entered into by and between Qwest Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and Granite Telecommunications LLC ("CLEC"). CenturyLink and CLEC shall be known jointly as the "Parties". RECITALS WHEREAS, the Parties entered into an lnterconnection Agreement ("Agreement"), for service in the State of ldaho, that was approved by the Commission on February 26,2004; and 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 sufficiency of which is hereby acknowledged, the Parties agree as follows: Amendment Terms The Agreement is hereby amended by adding the terms, conditions and rates for CLEC Requested UNE Construction (CRUNEC), as set forth in Attachment 1 and Exhibit A, attached hereto and incorporated herein. Effective Date This Amendment shall be deemed effective upon approval by the Commission; however, the Parties may agree to implement the provisions of this Amendment upon execution. To accommodate this need, CLEC must generate, if necessary, an updated Customer Questionnaire. ln addition to the Questionnaire, all system updates will need to be completed by CenturyLink. CLEC will be notified when all system changes have been made. Actual order processing may begin once these requirements have been met. Additionally, CenturyLink shall implement any necessary billing changes within two (2) billing cycles after the latest execution date of this Amendment, with a true-up back to the latest execution date of this Amendment by the end of the second billing cycle. The Parties agree that so long as CenturyLink implements the billing changes and the true-up as set forth above, CLEC's bills shall be deemed accurate and adjusted without error. November 9, 2017 KldGran ite/CRU NEC Amd/lD Amendment to CDS-040 1 27-0030 1 DocuSign Envelope lD: 369CC71 E-DFDC-47C8-8EEE-5604983F01 1 I 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. Entire Aqreement 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. Qwest Gorporation dba CenturyLink QC $fflk*atr;* Authorized Signature Rand Currier Authorized Signature Diane Roth Name Printed/Typed coo Name Printed/Typed Director - Wholesale Title LL/9/20L7 Title LL/9/20L7 Date Date November 9, 2017 lllclGranite/CRU N EC Amd/lD Amendment to CDS{401 27-0030 2 Granite Telecommunications LLC DocuSign Envelope lD: 369CC71 E-DFDC-47C8-8EEE-5604983F0'l 1 I ATTACHMENT 1 CLEG Requested UNE Construction (CRUNEC) 9.19 ConstructionCharqes CenturyLink will assess whether to build for CLEC in the same manner that it assesses whether to build for itself. CenturyLink will conduct an individual financial assessment of any request that requires construction of network capacity, facilities, or space for access to or use of UNEs. When CenturyLink constructs to fulfill CLEC's request for UNEs, CenturyLink will bid this construction on a case-by-case basis. CenturyLink will charge for the construction through nonrecurring charges as described in this Section 9.19. When CLEC orders the same or substantially similar service available to CenturyLink End User Customers, nothing in this Section shall be interpreted to authorize CenturyLink to charge CLEC for special construction where such charges are not provided for in a Tariff or where such charges would not be applied to a CenturyLink End User Customer. 9.19.1 CenturyLink reserves the right to determine if CenturyLink will undertake requested construction. Some circumstances under which CenturyLink will reject a construction request include, but are not limited to, if it is determined that the requested element willjeopardize the reliability of CenturyLink's existing network, endanger CenturyLink's employees or consumers, is not consistent with the National Electrical Code (NEC), or does not meet Network Equipment Building Standards (NEBS) requirements. lf CenturyLink agrees to construct a network element, the following will apply. 9.19.2 CLEC may request that CenturyLink construct new facilities for use in providing services offered as Unbundled Network Elements (UNEs) using the ClEC-Requested Unbundled Network Elements Construction ("CRUNEC") method. CRUNEC is not required for requests that can be resolved through facility work or assignments. CRUNEC is not available for requests for facilities that are not offered as UNEs. CenturyLink's CRUNEC applies to the following Wholesale products and services: . Enhanced Extended Loop (EEL) . Unbundled Subloop . Unbundled Dark Fiber (UDF) . Unbundled Dedicated lnteroffice Transport (UDIT) . Unbundled Local Loop 9.19.2.1 To make a request for construction of facilities, CLEC must submit a CRUNEC request by contacting the CenturyLink service manager. 9.19.3 Rates for CRUNEC 9.19.3.1 A Records Quote Preparation Fee (RQPF) applies, and is a nonrecurring charge assessed prior to preparation of a Records Quotation, which is a high level overview and estimate of the cost of construction. This construction estimate is based on records only and is not binding on CenturyLink. Credit in the amount of the RQPF will be applied to the Construction Quote Preparation Fee that is described below. November 9, 2017 ll<lclGran ite/CRU NEC Amd/lD Amendment to CDS-040 1 27-0030 3 DocuSign Envelope lD: 369CC71 E-DFDC-47C8-8EEE-5604983F01 19 9.19.3.2 The Construction Quote Preparation Fee (CQPF) is a nonrecurring charge assessed prior to preparation of the CRUNEC quotation. The CRUNEC quotation provides the amount CLEC will pay should it agree to pursue construction. Credit in the amount of the CQPF will be applied to the cost of construction if CLEC accepts the quoted CRUNEC price and agrees to pursue construction. 9.19.3.2.1 CLEC may choose to first receive a Records Quotation, or may choose to forego the Records Quotation and pay the CQPF for the CRUNEC quotation, at any time after receiving notification that facilities are not available to complete a service request. 9.19.3.3 CenturyLink will retain the CQPF if CLEC chooses not to proceed with the construction. At any point after remitting payment for construction, if CLEC decides to begin but then to discontinue construction, CenturyLink will refund the Construction payment, excluding expenditures already incurred by CenturyLink for work completed (including work Engineered, Furnished and/or lnstalled (EF&l)). CenturyLink will provide a brief description of work completed. 9.'19.3.3.1 EF&l is defined as: o Engineering labor to analyze the needs for the requested UNE and design and issue the required work orders. Furnishedmaterialcost. lnstallation labor costs to complete the work order 9.19.3.4 The amount of the CRUNEC quotation is determined using the same financial analysis criteria, and costs to recover for EF&|, that CenturyLink uses to assess whether to build the equivalent facilities for itself. 9.19.3.5 Rates are included in Exhibit A to this Agreement. November 9, 2017 KlclGran ite/CRU NEC Amd/lD Amendment to CDS-040 1 27-0030 4 O@Sign Envel@e lO: 36SCC71 E-OFDC{7C&8EEE-560,1983F01 19 E$ibirA ldaho Page 1 of 1 Anendmsnt Notes Rggur.rlls Recurring Per Mil6 Non. Recurring 3,poo o te r or 0se of IJNES