20121101Amendment.pdf

.,
is
CenturyLink
. 1600 7th Avenue, Room 1506
Seattle, Washington 98191
[phone]
Facsimile [phone]
Maura E. Peterson
Paralegal
Regulatory Law
- RECEIVED
1012 NO'/ - I M tO: ?
:'TIF3
CenturyLinkTM
Via Overnight delivery
October 31, 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-05-22
Application for Approval of Amendment to the Interconnection Agreement
-0
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation d/b/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 ou have any questions concerning the enclosed. Thank you for your
assistance in this, ter.
:: B. Pete
mep
Enclosure
cc: Service list
www.centurylink.com
Lisa A. Anderl (WSBA# 13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
[e-mail]
IDAHO C ( LJF'. I .. 'a-' J
J1!LIT(ES COMMISSiON
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST CASE NO.: QWE-T-05-22
CORPORATION D/B/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
approved by the Idaho Public Utilities Commission on November 23, 2005 (the "Agreement").
The Amendment with Pac-West Telecomm, Inc. ("Pac-West") 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 Pac-West
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
PAC-WEST TELECOMM, INC.
ICC VOIP AMENDMENT
. .
• 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 31st day of October, 20121
}Jk1L :
Lisa A.And(
Attorney for CenturyLink
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
PAC-WEST TELECOMM, INC.
ICC VOIP AMENDMENT
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CERTIFICATE OF SERVICE
I hereby certify that on this 31st day of October, 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
[e-mail]
Blame Gilles
General Manager
4210 Coronado Ave.
Stockton, CA 95204
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
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X U.S.Mail
- Overnight Delivery
Facsimile
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Maura Peterson
Paralegal, Centi
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
PAC-WEST TELECOMM, INC.
ICC VOW AMENDMENT
DocuSign Envelope ID: 8E8OE458-7AA8-407A-A9 C525BF8FO1
ICC VoIP Amendment
to the Interconnection Agreement between
Qwest Corporation dba CenturyLink QC
and
Pac-West Telecomm, 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 Pac-West
Telecomm, 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 an Unified Intercarrier Compensation Regime ("FCC Order" or "Order"); issued an
order that affects the Parties rights and obligations with respect to the exchange of VoIP traffic
between CLEC providers and LECs in addition to revised call signaling rules effective
December 29, 2011 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 I 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, CLEC has 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
September 12, 201 2lkjclPac-West Telecomm/ICC VoIP Amd-Legacy Qwest-ID
Amendment to CDS-051025-0001 (v. 02.07.12)
DocuSign Envelope ID: 8E8OE458-7AA8-407A-A9525BF8FO1
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 Agreement
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, which may be in multiple counterparts, each of which is deemed an original, but all
of which shall constitute one and the same instrument.
Pac-West Telecomm, Inc. Qwest Corporation dba CenturyLink QC
(_DocuSi9ned by: 08E9FC686057454...
L(ie 6ittes
DocuSiaried B: L I Christensen
Signature Signature
Blame Gilles, Ph.D. L. T. Christensen
Name Printed/Typed Name Printed/Typed
General Manager Director - Wholesale Contracts
Title Title
10/4/2012 10/4/2012
Date Date
September 12, 201 2/kjclPac-West Telecomm/ICC V0IP Amd-Legacy Qwest-ID
Amendment to CDS-051025-0001 (v. 02.07.1 2) 0
DocuSign Envelope ID: 8E80E458-7AA8-407A-A9SC525BF8FO1
Attachment I
ICC Voice over Internet Protocol (VolP) Amendment
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
VolP-PSTN Traffic,
Section 4.0 - DEFINITIONS
"End User Customer" means a third party retail Customer that subscribes to a
Telecommunications or Information Service provided by either of the Parties or by another
Carrier or by two (2) or more Carriers, ISP, or Interconnected VoIP provider."
"VoIP-PSTN Traffic" includes any traffic previously referred to in the Agreement as "VoIP" or
"V0IP Traffic" or "IP Enabled Voice Traffic", and is defined as traffic which is exchanged
between a CenturyLink end user and the CLEC end user in Time Division Multiplexing ("TDM")
format that originates and/or terminates in Internet Protocol ("IP") format, as determined in the
Order, and terminates to a Party's End User Customer.
"Local VoIP-PSTN Traffic" is VoIP-PSTN Traffic that physically originates and terminates within
the Local Calling Area as determined by the Commission.
"Toll VoIP-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 VolP-PSTN Traffic and Toll VoIP-PSTN Traffic may be exchanged
under this Agreement.
7.2.1.3.1 Switched Access Traffic, including but not limited to InterLATA Traffic,
other than Toll VoIP-PSTN Traffic or Jointly Provided Switched Access Traffic, may not
be exchanged under this Agreement. In the event that a Party routes lnterLATA Traffic
to the other Party in violation of this section, the Party being routed such traffic shall be
entitled to seek injunctive relief and to recover damages, including without limitation,
compensation for such traffic at the rate that is then applicable to such access traffic.
7.3 Intercarrier Compensation
7.3.8 Signaling Parameters: CenturyLink and CLEC are required to provide each other the
proper signaling information (e.g., originating Calling Party Number (CPN), Charge
Number (ChN) and called party number) as required by Applicable Law and further
clarified by the FCC Order in CC Docket No. 01-92 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 and ChN on all calls. All privacy
indicators will be honored. Unless the FCC has approved a waiver petition regarding
• specific technical restrictions, the ChN is to be passed unaltered in SS7 signaling fields
September 12, 201 2/kjc/Pac-West Telecommllcc VolP Amd-Legacy Qwest-ID
Amendment to cDs-051025-0001 (v. 02.07.12)
DocuSign Envelope ID: 8E80E458-7AA8-407A-A9a525BF8FO1

.
where it is different than CPN and ChN must not be populated with a number associated 0 with an intermediate switch, platform, or gateway, or other number that designates
anything other than a calling party's charge number. 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. In
the event that a Party's customer is unable to provide the signaling information reflecting
the geographic origination point of the call, that Party may create such signaling
information on the customer's behalf.
7.3.9 VoIP-PSTN Traffic
7.3.9.1 Local VolP-PSTN Traffic
7.3.9.1.1 CLEC and CenturyLink will exchange Local VoIP-PSTN Traffic on the
same basis and at the same rates as Exchange Service (EAS/Local) Traffic, and such
Local VoIP-PSTN Traffic will be identified as such by using the originating and
terminating call detail information of each call unless the Parties specifically agree
otherwise. The call jurisdiction method described herein is intended by the Parties as a
proxy to determine the actual geographic end points of a call and thereby assign the
rating jurisdiction that call. However, the Parties acknowledge that there may be some
circumstances where the actual geographic end points of a particular call may be difficult
or impossible to ascertain. At any time during the term of this Agreement, CLEC and
CenturyLink may agree on alternate methods to establish call jurisdiction based on
changes in regulation, technical capabilities or other circumstances. The Parties agree
to work in good faith to continue to improve the accuracy of jurisdictional data and such
efforts shall not be unreasonably withheld by either Party.
7.3.9.2 Toll VoIP-PSTN Traffic
7.3.9.2.1 CLEC and CenturyLink will exchange Toll VolP-PSTN Traffic at each
Party's respective interstate access rates and such Toll VoIP-PSTN Traffic will be
identified as InterLATA Traffic or IntraLATA Toll Traffic by using the originating and
terminating call detail information of each call unless the Parties specifically agree
otherwise. The call jurisdiction method described herein is intended by the Parties as a
proxy to determine the actual geographic end points of a call and thereby assign the
rating jurisdiction that call. However, the Parties acknowledge that there may be some
circumstances where the actual geographic end points of a particular call may be difficult
or impossible to ascertain. At any time during the term of this Agreement, CLEC and
CenturyLink may agree on alternate methods to establish call jurisdiction based on
changes in regulation, technical capabilities or other circumstances.. The Parties agree
to work in good faith to continue to improve the accuracy of jurisdictional data and such
efforts shall not be unreasonably withheld by either Party.
7.3.9.2.1.1 InterLATA Traffic which is Toll VoIP-PSTN Traffic will be
exchanged at each Party's interstate access tariff rates. Any Transit Traffic
which is both interLATA and Toll VoIP-PSTN will be exchanged at each Party's
September 12, 201 2/kjc/Pac-West Telecomm/lcc VolP Amd-Legacy Qwest-ID
Amendment to cDs-051025-0001 (v. 02.07.12)
4
Docusign Envelope ID: 8E80E458-7AA8-407A-A9C525BF8FO1
interstate switched access service rates. InterLATA Traffic which is not Toll
VoIP-PSTN Traffic shall be subject to 7.2.1.3.1.
7.3.9.2.1.2 IntraLATA Toll Traffic which is Toll VolP-PSTN Traffic will be
exchanged at each Party's interstate access tariff rates. Both Parties will use the
Local Interconnection Service Percent VoIP Usage (LIS-PVU) factor in Exhibit A
to determine the amount of IntraLATA Toll Traffic that shall be deemed as Toll
VoIP-PSTN Traffic. The Parties shall also apply the LIS-PVU factor to any
Transit Traffic which is IntraLATA Toll Traffic, which shall be exchanged at
interstate switched access tariff rate. The LIS-PVU factor may be updated by a
further Amendment mutually negotiated by the Parties.
7.3.9.2.1.2.1 The LIS-PVU factor shall be the percentage of total
terminating IntraLATA Toll Traffic which is Toll VolP-PSTN Traffic, that in
the absence of such LIS-PVU, would be billed at intrastate access rates.
The LIS-PVU factor shall be based on information such as the number of
the CLEC's retail VoIP subscriptions in the state (e.g. as reported on FCC
Form 477), traffic studies, actual call detail, CLEC's customer
certifications, 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 VolP-PSTN Traffic
will be billed at CenturyLink's interstate access tariff rates after the application of
the Relative Use Factor CenturyLink will use the Local Interconnection Service
Facilities Percent VoIP Usage (LIS-Facility-PVU) factor in Exhibit A to determine
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 VolP-PSTN
Traffic based on information such as the number of the CLEC's retail
V0IP subscriptions in the state (e.g. as reported on FCC Form 477), traffic
studies, actual call detail, CLEC's customer certifications, or other
relevant and verifiable information which the parties will exchange.
7.3.9.2.1.4 CenturyLink shall provide correct billing adjustments on a
monthly basis in the same month that the usage is billed until such time as billing
system modifications can be implemented to apply the applicable rate to all Toll
VoIP-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.
September 12, 201 2/kjc/Pac-West Telecomm/ICC VoIP Amd-Legacy Qwest-ID
Amendment to CDS-051 025-0001 (v. 02.07.12)
DocuSign Envelope ID: 8E8OE4587AA8407AS32C525BF8FO1 Poo-wenf T&noonrnr, Inc. ICC VOIP Amendment Exhibit A
Idaho
EAS I Local Traffic
R.o,rOo.I Conrpnornotbn
Internthtn I lnfornfote
A00000 Thrift Aooenl Thrift
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Intorooronoflon Serolon VOIP Percent of InfroLAlA
Inferooronoton Throne VOIP Percent of Feollitlon
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EnlibitA 19th Revision
MemO 7, 2011 Peg. I nf