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HomeMy WebLinkAbout20121218Amendment.pdfCenturyLink . 1600 7th Avenue, Room 1506 Seattle, Washington 98191 (206) 733-5178 Facsimile (206) 343-4040 Maura E. Peterson Paralegal Regulatory Law 2' DEC 13 PH1?:5O UTILITIES IlLC t 'Z CenturyLinkTM A 637 Via Overnight delivery December 17, 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-04-22 Application for Approval of Amendment to the Interconnection Agreement Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation dlb/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.,-' Maura E. mep Enclosure cc: Service list I www.centurylink.com . Lisa A. Anderl (WSBA# 13236) CenturyLink 1600 7th Ave, Room 1506 Seattle, WA 98191 Telephone: (206) 398-2504 Facsimile: (206) 343-4040 Lisa.anderl@qwest.com _012 DEP 13 PM 12: 51 it D -L LTILT1EH L.C'MMISS BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CASE NO.: QWE-T-04-22 CORPORATION dlb/a 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 dlb/a CenturyLink QC ("CenturyLink") hereby files this Application for Approval of Amendment to the Interconnection Agreement ("Amendment") which was filed . with the Idaho Public Utilities Commission on September 14, 2004 (the "Agreement"). The Amendment with Talk America, Inc. ("Talk America") 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 . Communications Commission. Expeditious approval of this Amendment will enable Talk APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1 • America 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 .Llay of December, 2012. NTURYLIN Lisa A. Anderl Attorney for Qwest . . APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 n CERTIFICATE OF SERVICE 11 I hereby certify that on this day of December, 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 Hand Delivery U. S. Mail X_ Overnight Delivery Facsimile Email . John Fletcher Talk America, Inc. 12020 Sunrise Valley Dr Ste 250 Reston, VA 20191 - Hand Delivery X U. S. Mail - Overnight Delivery Facsimile Leslie Johnson CenturyLink L ] APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 . ICC V0IP Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Talk America Inc. for the state of Idaho This Amendment ("Amendment") is to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and Talk America Inc. ("CLEC") (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; 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 VolP 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, the Parties have 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. October 12, 201 2/kjc/TaIk America/ICC VoIP Amendment-Legacy Qwest-ID Amendment to CDS-040817-0012 (v. 02.07.12) 1 Attachment I ICC Voice over Internet Protocol (V0IP) Amendment ci 0 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 VoIP-PSTN Traffic, Section 4.0 - DEFINITIONS "VolP-PSTN Traffic" is defined as traffic which is exchanged between the Parties in Time Division Multiplexing ("TDM") format over PSTN facilities that originates and/or terminates at an end user location in Internet Protocol ("lP") format. "Local VolP-PSTN Traffic" is VoIP-PSTN Traffic that physically originates and terminates within the Local Calling Area as determined by the Commission. "Toll VolP-PSTN Traffic" is VoIP-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 VoIP-PSTN Traffic and Toll VolP-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 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, Charge Number ("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 SS7 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 V0IP-PSTN Traffic 7.3.9.1 Local VolP-PSTN Traffic October 12, 2012/kjcITaIk America/ICC VoIP Amendment-Legacy Qwest-ID Amendment to CDS-04081 7-0012 (v. 02.07.12) 3 L I. I 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 portion of LIS facilities used for Toll VoIP-PSTN Traffic will be billed at CenturyLink's interstate access tariff rates after the application of Relative Use Factor. CenturyLink will use the Local Interconnection Service Facilities Percent V0IP Usage (LIS-Facility-PVU) factor in Exhibit A to determitie the portion of Entrance Facility, Direct Trunk Transport, and MUX that shall be deemed the portion of the facility used to carry Toll VolP-PSTN Traffic. 7.3.9.2.1.3.1 The LIS-Facility-PVU factor shall be the percentage of the total traffic CLEC routes to CenturyLink for termination which is Toll VoIP-PSTN Traffic. The CLEC shall determine their Toll VoIP-PSTN Traffic based on information such as the number of the CLEC's retail VolP subscriptions in the state based on the Local Competition Report as released periodically (e.g. as reported on FCC Form 477), traffic studies, actual call detail, or other relevant and verifiable information exchanged by the parties. 7.3.9.2.1.4 CenturyLink shall provide billing adjustments on a quarterly basis until such time as billing system modifications can be implemented to apply the applicable rate to all Toll VolP-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. . October 12, 2012/kjcllalk America/ICC V0IP Amendment-Legacy Qwest-113 Amendment to CDS-040817-0012 (v. 02.07.12) 5