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HomeMy WebLinkAbout20160713Amendment.pdfi:iECEIVED l3 Ai{ 9: lr8 i!.1 i lr., 1.,,i1":i5Si0i'J July 12,2016 Via Overnight delivery Jean Jewell, Secretary Idaho Public Utilities Commission 47 2 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-007 4 Re: Case No.: QWE-T-04-23 Application for Approval of Amendment to Interconnection Agreement Dear Ms. Jewell: Enclosed for filing are an original and two (2) copies of the Microduct Language and Rate Update Amendment to the Interconnection Agleement between Qwest Corporation dba CenturyLink QC and CenturyLink Communications, LLC (fka Qwest Communications Corporation) for the State of Idaho. Centurylink respectfully requests that this matter be placed on the Commission Decision Meeting Agenda for expedited approval. Thank you for your assistance in this matter. Sincerely, liea Enclosurescc: Sarah Nicholls, Centurylink Communications, LLC {H CenturyLink' 1600 7th Avenue, Room 1506 Seattle, Washington 98191 Tel: 206-733-5236 Email: iosie.addincton@centurvlin k.com www.centurylink.com JosdG. Kddi L€galAssistant III Lisa A. Anderl (WSBA#13236) CenturyLink 1600 7th Ave, Room 1506 Seattle, Washington 98191 Telephone: (206) 345 -157 4 lisa. anderl @centurylink. com APPLTCATTON Or QWEST CORPORATION DBA CENTURYLINK QC FOR APPROVAL OF AN AMENDMENT TO INTERCONNECTION AGREEMENT WITH CENTURYLINK COMMUNICATIONS, LLC PURSUANT To 47 U.s.C. $2s2(e) APPLICATIoN FoR APPRoVAL oF AMENDMENT To INTERCoNNECTIoN AcREEMEl.rr CeNruRyLrNK CoMMUNrcATroNs, LLC - Page I BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION CASE NO.: QWE-T-04-23 APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT P.E C E IVED ?lli6.ll.il- l3 Al'l 9: l+8 - - r ,r !/r.; . ' ,'U";LIUI , i,lii':lssloN CenturyLink 1600 76Ave., Suite 1506 Seattle, WA 98191 Telephone: (206) 398-2500 Qwest Corporation dba CenturyLink QC hereby files this Application for Approval of Amendment to the Interconnection Agreement ("Amendment") which was approved by the Idaho Public Utilities Commission on October 6,2004 (the "Agreement"). The Amendment with CenturyLink Communications, LLC (fka Qwest Communications Corporation) ("Centurylink Communications") 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 t934, 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 CenturyLink Communications to interconnect with CenturyLink facilities and to provide customers with increased choices irmong 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 12do day of July,2Ot6. CENTUR ^,, I s .Lr A. Anderl APPLICATIoN FoR APPRoVAL OF AMENDNGNT TO INTERCoNNECTIoN AcREEMENT CeNrunyLNK CoMMLTNIcATIoNS, LLC - P age 2 CenturyLink 1600 7eAve., Suite 1506 Seattle, WA 98191 Telephone: (206) 398-2500 CERTIFICATE OF SERVICE I hereby certify that on this 12ft day of July,2016,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 47 2 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 ijewell@puc.state.id.us SarahNicholls Director Network Facility Cost CenturyLink Communications, LLC 700 W. Mineral Avenue Littleton, Colorado 80120 Sarah.Nicholls@ Centur.vlink. com Hand Delivery U. S. MailXX Ovemight Delivery Facsimile Email Hand Delivery U. S. Mail Ovemight Delivery FacsimileXX Email ApplrcertoN ron AppRovAL oF AMENDMENT To INTERcoI.INEcnoN Acnrnpmvr CENTLJRvLTNK CoMMUMCATToNS, LLC - Page 3 CenturyLink 1600 76Ave., Suite 1506 Seattle, WA 98191 Telephone: (206) 398-2500 DocuSign Envelope lD: 7 554F 49E-4E63-4AA3-882A-EF272DCl AgDs Microduct Language and Rate Update Amendment to the lnterconnection Agreement between Qwest Corporation dba CenturyLink QC and CenturyLink Communications, LLC (fka Qwest Communications Corporation) for the State of ldaho This is an Amendment ("Amendment") to the lnterconnection Agreement between Qwest Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and CenturyLink Communications, LLC (fka Qwest Communications Corporation) ('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 which was approved by the Commission on October 6, 2004; and WHEREAS, the Parties desire to amend the Agreement further 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 terms, conditions and rates for Power Reduction as set forth in Attachment 1 and Exhibit A, to this Amendment, attached hereto and incorporated herein by this reference. 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, the CLEC's bills shall be deemed accurate and adjusted without error. April 27, 201 6/nap/CenturyLink Communications, LLC/I D Microduct Language and Rate Update Amd to CDS-040614-0002 DocuSign Envelope lD: 7554F49E-4E63-4M3-882A-EF272DClAgDs 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. GenturyLink Communications, LLC (fka Qwest Communications Corporation) Qwest Gorporation dba CenturyLink QC E*#y Signature Sarah Nicholls Name Printed/Typed Director-Network Cost Title 7 /s/20L6 April 27, 2O1 6l naplCenturyLink Communications, LLC/ID Microduct Language and Rate Update Amd to CDS-040614-0002 W:* Signature Diane Roth Name Printed/Typed Director - Wholesale Title 7 /s/2016 DocuSign Envelope lD: 7554F49E-4E63-4AA3-882A-EF272DC1AgDs ATTACHMENT 1 ATTACHMENT 1 NOTE: Thefollowino lanouaqe herebv is added to the Aoreement: 10.8 Access to Poles, Ducts, Conduits, and Rights of Way 10.8.1 Description 10.8.1.2.3 The term microduct means a smaller version of innerduct. (4) microducts can be placed within a 1Yn-tnch innerduct. April 27, 201 6/nap/CenturyLink Communications, LLC/ID Microduct Language and Rate Update Amd to CDS-040614-0002 Ddusgn EnElots lD ExhibitA ldaho femolate lO section 10.7 to add Microduct 10.:\moaE to Pol$. Ducts. Condults and Rloht ot Way (ROWI !o.7.72 nnerduct .0.7.12.1 lMicrcduct Occupancy Fee, per Mlcroduct, per Foot, per Year s0.186 L2 .0.7.12.2 llnnerduct occuoand Fee. oer F@t. Der Year 30-s16r 8,4 {OTES: ,no4l q roM h. qht ^f ld.h^th... Et.G rha.. t2 lates not addressed in Cost Docket {estimated TELRIC)