20110623Amendment.pdf

CENTURYLINK
1600 7th Avenue, Room 1506
Seattle, Washington 98191
[phone]Facsimile [phone]
RECEIVED S~ C t L- k~4~ en ury in ™
2011 JUN 23 AM 9: 28
Maura E. Peterson
Paralegal
Regulatory Law
Via Overnight delivery
June 21, 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-05-5
Application for Approval of Amendment to the Interconnection Agreement
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest 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 thi~.. atter.
mep
Enclosure
cc: Service list
ww.centurylink.com
Lisa A. Anderl (WSBA#13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
Lisa.anderl (fqwest.com
R,ECEfVËD
10/1 JUN 23. A"
n 9:28
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. §2S2(e)
CASE NO.: QWE-T-OS-S
APPLICATION FOR APPRO V AL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby files this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment") which was approved by the Idaho Public
Utilities Commission on May 5,2005 (the "Agreement"). The Amendment with Metropolitan
Telecommunications of Idaho, Inc. ("Metropolitan") 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
portiones) thereof) discriminates against a telecommunications carrer 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.
Qwest 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
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT - Page i
Metropolitan
Amendment to QLSP Agreement
Metropolitan to interconnect with Qwest facilities and to provide customers with increased
choices among local telecommunications services.
Qwest 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 concem other parties not a party to the negotiations.
Expeditious approval would further the public interest.
'1'1 ¡.ORespectfull y submitted this c! day of June, 2011.
ttl /ort".
Lisa A. An erl
Attorney for westl Ct\-~ Li lJ k..
APPLICATION FOR APPRO V AL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 2
Metropolitan
Amendment to QLSP Agreement
CERTIFICATE OF SERVICE
I hereby certify that on this 2. 2 "Jday of June, 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 Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
JJewell (gpuc.state.id.us
Hand Deli very
U. S. Mail
-K Overnight Delivery
Facsimile
Email
d~ ~~ \b~. t(
(j '%~ \0~Metropolitan Telecommunications
Of Idaho, Inc.
Andoni Economou Joseph Farano
COO and EVP Corporate Counsel
55 Water St., 31st Fl. 55 Water St., 31st Fl.
New York, N.Y. 10041 New York, N.Y. 10041
Hand Delivery
-L U.S.Mail
Overnight Delivery
Facsimile
~~
Leslie Johnson, Qwest Corporation
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
Metropolitan
Amendment to QLSP Agreement
OocuSign Envelope 10: 1E1D86BB-16EE-43FC-B374-B6C5221C6BAF
QWEST LOCAL SE:~I~~~~i~~¡gRMTM AGREEMENT RECEIVED
201 I JU~i 23 AM 9= 32
This amendment ("Amendment', by and between Owest Corporation ("Qwest"), a Colorado! rMrpo:àtiòbi,,~Mg~ Metropolitan
Telecommunications of Idaho, Inc. ("CLEC"), amends the Owest Local Services PlatformTMt~~QlSPI1~~J: Agi~'eme)iH9ítRieen theParties. ' .
WHEREAS, the Parties entered into a Owest Local Services Platform ™ ("OLSpTM") Agreement ("Agreement") with an Effective Date of
January 3, 2011; 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 sufficiency 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.
1. The last sentence o(Sections 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 that the Services include tandem switching, where required, as well as end
offce switching and that CLEC has the right to charge switched access to IXCs for each element, as
appropnate."
2. 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 Parties 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 writte n
.consent thereto by both of the Parties hereto. No waiver by any Part 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.
May 16, 2011/mms/Metropolitan Telecommunications/ID-COS-101 021-0117
Amendment to OLSpTM (v3-23-11)Page 1 of 2
OocuSign Envelope 10: 1 E1D86BB-16EE-43FC-B374-B6C5221C6BAF
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 counterpa rts, each
of which is deemed an original, but all of which shall constitute one and the same instrument.
Qwest Corporation:Metropolitan Telecommunications of Idaho, Inc.:
-05E9FC68B051454... -~_...J r fJ~li:2~&
By:OOfluS¡"ned Bii: L T Christensen By:
Name:L. T. Christensen Name:Andoni Economou
Title:Director - Wholesale Contracts Title:COO/EVP
Date:5/24/2011 Date:5/24/2011
May 16, 2011/mmslMetropolitan Telecommunications/IO-eOS-101 021-0117
Amendment to OLSP ™ (v3-23-11)Page 2 of 2