Loading...
HomeMy WebLinkAbout20111004Amendment.pdf. . . 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 . . . 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 . . . 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 . . . 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 -= 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: . 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) Page2of2 . . . . . . 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. .4 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. .