HomeMy WebLinkAbout20111004Amendment.pdf.
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CENTURYLINK
1600 7th Avenue, Room 3206
Seattle, Washington 98191
(206) 733.5178Facsimile (206) 343-4040
Or:CF..li 'f"r-,t"\ C: . ..' t:i\l t.:: t,)Sr¿ C t L- k~~ en ury in ™
ZOti OCT -L. AM 9: 44
Maura E. Peterson
Paralegal
Regulatory Law
Via Overnight delivery
October 3, 2011
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-04-30
Application for Approval of Amendment to the Interconnection Agreement
BullsEye Telecom, Inc.
Dear Ms. Jewell:
Enclosed for fiing with this Commission on behalf of Qwest Corporation d/b/a Centurylink
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 e if you have any questions concerning the enclosed. Thank you for your
assistance in his at r.
mep
Enclosure
cc: Service list
www.centurylink.com
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Lisa A. Anderl (WSBA# 13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: (206) 398-2502
Facsimile: (206) 343-4040
Adam.sherr(g q west.com
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. §252(e)
CASE NO.: QWE. T .04.30
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNCTION AGREEMENT
Qwest Corporation d/b/a CenturyLink ("CenturyLink") hereby files this Application for
Approval of Amendment to the Interconnection Agreement ("Amendment"), which was
approved by the Idaho Public Utilities Commission on November 23, 2004 (the "Agreement").
The Amendment with Bullseye Telecom, Inc. ("Bullseye") 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 Commssion finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carrer not a pary 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 wil enable BullsEye to
interconnect with CenturyLink facilties and to provide customers with increased choices among
local telecommunications services.
APPLICATION FOR APPRO V AL OF AMENDMENT TO urn INTERCONNECTION AGREEMENT - Page 1
BULLSEYE
QLSP Agreement
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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 hearng and does not concern other paries not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this 3rd day of October, 2011.
v-£r:
Lisa A. Anderl
Attorney for CenturyLink
APPLICATION FOR APPROVAL OF AMENDMENT TO urn INTERCONNECTION AGREEMENT - Page 2BUL~ll i
QLSP Agreement
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CERTIFICATE OF SERVICE
I hereby certify that on this 3rd day of October, 2011, 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 Utilties Commssion
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
¡¡ewell (gpuc.state.id.us
David S. Bailey
Vice President-Corporate Development
BullsEye Telecom, Inc.
25925 Telegraph Road, Suite 210
Southfield, MI48033
Hand Delivery
U. S. Mail
-X Overnight Delivery
Facsimile
Email
Hand Deli very
-K u. S. Mail
Overnight Delivery
Facsimile
Email
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Leslie Johnson, Legal Assistant
APPLICATION FOR APPROVAL OF AMNDMENT TO urn INTERCONNECTION AGREEMENT - Page 3
BULLSEYE
QLSP Agreement
AMENDMENT TO
QWEST LOCAL SERVICES PLATFORMTM AGREEMENT
. This amendment ("Amendment"), by and between Qwest Corporation ("Qwest"), a Colorado corporation, and BullsEye Telecom,
Inc. ("CLEC"), a Michigan corporation, amends the Qwest Local Services Platform™ ("QLSpTM") Agreement between the Parties.
WHEREAS, the Parties entered into a Qwest Local Services Platform™ ("QLSpTM") Agreement ("Agreement") with an Effective Date of
December 23, 2010; 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 suffciency of which is hereby acknowledged, the Parties agree as follows:
Amendment Terms
The Agreement is hereby amended by modifying the following terms and conditions of Attchment 2 and Exhibit A.
1. The last sentence of Sectons 1.5.2, 3.8.3 and 3.8.5 of Attachment 2 to the Agreement shall be deleted and replaced with the
following:
"The Parties understand and agree thatthe Services include tandem switching, where required, as well as end
offce switching and that CLEC has the right to charge switched accss to IXCs for each element, as
appropriate. "
2. Notwithstanding anything to the contrary in the Agreement, the rate sheet(s) attched hereto as Exhibit A shall apply to port
rates for Services provided in the applicable state(s) identified therein. Except as expressly mOdified by this Amendment, all
other rates reflected in the Agreement shall remain in full force and effect.
3. The last sentence of Section 3.4.1 of Attachment 2 to the Agreement is hereby deleted in its entirety..For the avoidance of doubt, notwithstanding anything to the contrary in the Agreement by which port rates could be increased,
other than as amended hereby, port rates shall remain unchanged throughout the term of the Agreement (as such term is identified
in Section 3 of the Agreement), except that the Partes understand and agree that the terms and conditions of the Agreement
regarding the annual variable discount structure associated with CLEC growth and retention thresholds shall continue to apply
throughout the term of the Agreement.
Effective Date
This Amendment shall be deemed effective upon signature by both 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, wil 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) 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.
. .June 23, 2011/mmslBullsEye Telecom, Inc.lAmendment to QLSpTM (v3-23-11)
(AZ=CDS-1 011 02..118); (CO=CDS-1 011 02-0119); (IA=CDS-1 011 02..120); (ID=CDS-1 011 02..121); (MN=CD8-1 011 02-0122);
(MT=CDS-1 011 02-0123); (ND=CDS-1 011 02-0124); (NE=CDS-1 011 02-0125); (NM=CDS-1 011 02..126); (OR=CDS-1 011 02..127);
(SD=CDS-101102.0128); (UT=CDS-101102-0129); (WA=CDS-101102-0130); (W=CDS-101102-0136)
Page 1 of2
AMENDMENT TO
QWEST LOCAL SERVICES PLATFORMTM 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:BullsEye Telecom, Inc.:
£7O:.L=By:~¿JtBy:
Name:
Title:
Date:
L. T. Christensen
Director - Wholesale Contracts
7171rlll
Name: Wìllam H. Oberlin
Title: CEO
Date:
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June 23, 2011/mmslBullsEye Telecom, Inc.lArendment to QLSpTM (v3-23-11)
(AZ=CDS-101102-0118); (CO=CDS-101102-0119); (IA=CDS-101102-0120); (ID=CDS-101102-0121); (MN=CDS-101102-0122);
(MT=CDS-101102-0123); (ND=CDS-101102-0124); (NE=CDS-101102-0125); (NM=CDS-101102-0126); (OR=CDS-101102-0127);
(SD=CDS-101102-0128); (UT=CDS-101102-0129); (WA=CDS-101102-0130); (W=CDS-101102-0136)
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Qwest Local Services Platfrm™ (QLSpTM) Rate Page. Minnesota
Modified Local Switching Port Rate
109.11 Local Switching Purchase As Part of QLSpTM
109.11.1 Port, Basic Plan
109.11.1.1 Analog Port $10.75
109.11.1.2 Residential end user credit LAWUR ($4.03)1
109,11.1.3 Effective OLSpTM Residential Analog Port $6.72 1
109.11.1.4 Digital Port (Supporting BRI ISDN)$16.99
109.11.1.5 PBX DID Port $10.58
109.11.2 Port, If 80% yay Volume Retntion Plan Requirements Ar Met
109.11.2.1 Analog Port $10.21
109.11.2.2 Analog Port, Residential end user credit LAWUR ($3.56)
109.11.2.3 Effctive OLSpTM Residential Analog Port $6.65
109.11.2.4 Digital Port (Supporting BRI ISDN)$16.99
109.11.2,5 PBX DID Port $10.58
109.11.3 Port, If 90% yay Volume Retntion Plan Requirements Ar Met
109.11.3.1 Analog Port $9.68
109.11.3.2 Analog Port, Residential end user credit LAWUR ($3.09)1
109.11.3.3 Effective OLSpTM Residential Analog Port $6,59 1
109.11.3.4 Digital Port (Supporting BRI ISDN)$16.99
109.11.3.5 PBX DID Port $10.58
109.11.4 Intentionally Blank
109.11.5 Port, If 115% yay Volume Growth Plan Requirements Are Met
109.11.5.1 Analog Port $7.53
109.11.5.2 Analog Port, Residential end user crdit LAWUR ($1.21)1
109.11.5.3 Effective OLSpTM Residential Analog Port $6.32 1
109.11.5.4 Digital Port (Supporting BRI ISDN)$16.99
109.1'1.5.5 PBX DID Port $10.58
109.11.6 Intentionally Blank
Notes:
1 QLSP~ Business and Residential services utilze the same Class of Servce and line Universal Service Order codes (USOCs). QLSP~ Residential services wil
be biled at the Analog Port rate and only those lines that specifically qualify for and are identified as serving a residential end.user customer by the
presence of the LAWUR USOC will recive the Residential end user credit.
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Qwes Local Service Platfnn™ (QLSpTM) Rate Page. Nebraska
Modifed Local Switching Port Rate .
109.11 Local Switching Purchased As Part of QLSpTM
109.11.1 Port, Basic Plan
109.11.1.1 Analog Port $9.43
109.11.1.2 Residential end user credit LAWUR ($5.16)1
109.11.1.3 Effctive QLSpTM Residential Analog Port $4.27 1
109.11.1.4 Digital Port (Supporting BRIISDN)$15.54
109.11.1.5 PBX DID Port $9.96
109.11.2 Intentionally Left Blank
109.11.3 Port, If 90% yay Volume Retntion Plan Requirements Are Met
109.11.3.1 Analog Port $8.49
109.11.3.2 Analog Port, Residential end user credit LAWUR ($4.30)1
109.11.3.3 Effective QLSpTM Residental Analog Port $4.18 1
109.11.3.4 Digital Port (Supporting BRI ISDN)$15.54
109.11.3.5 PBX DID Port $9.96
109.11.4 Intentionally Left Blank
109.11.5 Port, If 115% yay Volume Growth Plan Requirements Are Met
109.11.5.1 Analog Port $6.60
109.11.5.2 Analog Port, Residential end user credit LAWUR ($2.59)1
109.11.5.3 Effective QLSpTM Residential Analog Port $4.01 1
109.11.5.4 Digital Port (Supportng BRIISDN)$15.54
109.11.5.5 PBX DID Port $9.96
109.11.6 Intntionally Left Blank .
Notes:
1 QLSP' Business and Residential services utilze the same Class of Service and line Universal Service Order codes (USOCS). QLSpm Residential services
wil be biled at the Analog Port rate and only those lines that specifcally qualify for and are identified as serving a residential end-user customer by thE
presence of the LAWUR USO wil receive the Residential end user credit.
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