20131107Amendment.pdf

CENTURYLINK
1600 7th Avenue, Room 1506
Seattle, Washington 98191
(206) 73$s178
Facsimile [phone]
Maura E. Peterson
Paralegal
R6gulatory Law
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sI7aTrrv Centurylink*
November 612013
Viu Overnight delivery
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W est Washington Street
P.O. Box 83720
Boise, Idaho 83720-007 4
Re: Case No.: QWE-T-06-2
Application for Approval of the ICC VoIP Amendment
to the Interconnection Agreement
Dear Ms. Jewell:
Enclosed for filing are an original and three (3) copies of the Application for Approval of the
ICC VoIP Amendment to the Interconnection Agreement between Qwest Corporation dba
CenturyLink QC ("CenturyLink") and 360networks (USA) inc. nka Zayo Group, LLC.
Centurylink 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 this matter.
Sincerely,
rcr
Maura E.
MEP/jga
Enclosurecc: Service List
www.centu rylink.com
Lisa A. Anderl (WSBA#I3236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile : (206) 3 43 -4040
[e-mail]
APPLICATION OF QWEST
CORPORATION dba CENTURYLINK QC
FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. $2s2(e)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
:ti . ' - .
CASE NO.: QWE-T-06-2
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation dba 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 March 7,2006 (the "Agreement"). The
Amendment with 360networks (USA), inc. nka Zayo Group, LLC. ("Zayo") 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.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION ACREEMENT - Page 1
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 Zayo 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 day of November, 2013.
CENTURYLINK
Lisa A. Ande
Attorney for Qwdt Corporation dba Centurylink
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT _ Page 2
CERTIFICATE OF SERVICE
I hereby certiff that on this bf day of November, 2Ol3,I served the foregoing
APPLICATION F'OR 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 W est Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
ij [e-mail]
Gregg Strumberger
General Counsel
Zayo Group,LLC
400 Centennial Parkway, Suite 200
Louisville, CO 80027
Hand Delivery
U. S. Mail
)O( Overnight Delivery
Facsimile
Email
Hand DeliveryXX U. S. Mail
Overnight Delivery
Facsimile
Email
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT * Page 3
DocuSign Envelope lD: 4AEAFF3D-80234E38-8E96-1 SD0E9BFCSC9
ICC VolP Amendment
to the lnterconnection Agreement between
Qwest Gorporation dba CenturyLink QC
and
Zayo Group, LLC
for the State of ldaho
This Amendment ("Amendment") is to the lnterconnection Agreement between Qwest
Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation , and Zayo Group, LLC
("CLEC'), a Delaware limited liability company. CenturyLink and CLEC shall be known jointly as
the "Parties".
RECITALS
WHEREAS, Qwest Corporation (nka Qwest Corporation dba CenturyLink OC) and 360networks
(USA) inc. (nka Zayo Group, LLC) entered into an lnterconnection Agreement, for service in the
State of ldaho, that was approved by the Commission in 2006 ("Agreement"); and
WHEREAS, the Federal Communications Commission in Docket No. 01-92, ln the Matter of
Developing a Unified lntercarrier Compensation Regime, issued an order that affects the Parties
rights and obligations with respect to the exchange of VolP traffic between CLEC providers and
LECs in addition to revised call signaling rules effective December 29, 2011 ('FCC Orde/' or
"Orde/'); 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 1 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 cunently 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, the Parties
agree to implement the provisions of this Amendment upon execution.
October 22, 20 1 3l mmslZayo Group/lCC Vol P/l D
Amendment to CDS-051 21 9-0002
DocuSign Envelope lD: 4AEAFF3D-B023-4E3B-8E96-1 SD0E9BFCSC9
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, which may be in multiple counterparts, each of which is deemed an original, but all
of which shall constitute one and the same instrument.
Zayo Group, LLC Qwest Corporation dba CenturyLink QC
ffi,yhu'v
Signature
Greqo Strumberqer
Name Printedffyped
General Counsel
Title
LO/24/20L3 t0/24/20L3
Signature
L. T. Christensen
Name Printedffyped
Director - Wholesale Contracts
Title
October 22, 20 1 3l mmslZayo Group/l CC Vol P/l D
Amendment to CDS-051 21 9-0002
DocuSign Envelope lD: 4AEAFF3D-B023-4E3B-8E96-1 SDOE9BFCSC9
Attachment I
ICC Voice over lnternet 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
Vo|P-PSTN Traffic.
Section 4.0 - DEFINITIONS
"VoIP-PSTN Traffic" includes any traffic previously referred to in the Agreement as "VolP" or
"VolP Traffic" or "lP 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 lnternet Protocol ("1P") format, as determined in the
Order, and terminates to a Party's End User Customer.
"Local VolP-PSTN Traffic" is VolP-PSTN Traffic that physically originates and terminates within
the Local Calling Area as determined by the Commission.
"Toll Vo|P-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 Vo|P-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 lnterLATA Traffic,
other than Toll Vo|P-PSTN Traffic or Jointly Provided Switched Access Traffic, may not
be exchanged under this Agreement. ln the event CLEC routes lnterLATA Traffic to
CenturyLink in violation of this section, CenturyLink 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 lntercarrierCompensation
7.3.8 Signaling Parameters: CenturyLink and CLEC are required to provide each other the
proper signaling information (e.9., originating Calling Party Number (CPN), Charge Number
(ChN) and called party number) as required by Applicable Law and further clarified by the FCC
Order 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 where it is different from CPN, and ChN must not be populated with a number associated
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 lnterconnection
trunks. lf either Party fails to provide valid originating information such traffic will be billed as
lntrastate Switched Access when the calls traverse an interconnection trunk. The Parties will
Oclober 22, 20 1 3l mmslZayo Group/l CC Vo I P/l D
Amendment to CDS-051 21 9-0002
DocuSign Envelope lD: 4AEAFF3D-8023-4E3B-8E96-1 8D0E9BFCBC9
coordinate and exchange data as necessary to determine the cause of the CPN/ChN failure and
to assist its correction.
7.3.9 VolP-PSTN Traffic
7.3.9.1 LocalVo|P-PSTNTraffic
7.3.9.1.1 CLEC and CenturyLink will exchange Local Vo|P-PSTN Traffic on the
same basis and at the same rates as Exchange Service (EAS/Local) Traffic and such
Local Vo|P-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. This calljurisdiction method described herein is intended by the Parties as a
proxy to determine the jurisdiction of a call, i.e., the actual geographic end points of the
call, and 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
determine. At any time during the term of this Agreement, CLEC and CenturyLink may
agree on alternate methods to establish call jurisdiction based on regulatory or
technological evolution. The Parties agree that it is in the best interest of both Parties to
work together in an effort to continue to improve the accuracy of jurisdictional data and
such efforts shall not be reasonably withheld by either Party.
7.3.9.2 Toll Vo|P-PSTN Traffic
7.3.9.2.1 CLEC and CenturyLink will exchange Toll Vo!P-PSTN Traffic at each
Party's interstate access rates and such Toll Vo|P-PSTN Traffic will be identified as
lnterLATA Traffic or lntraLATA Toll Traffic by using the originating and terminating call
detail information of each call unless the Parties specifically agree othenruise. This call
jurisdiction method described herein is intended by the Parties as a proxy to determine
the jurisdiction of a call, i.e., the actual geographic end points of the call, and 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 determine. At any time during
the term of this Agreement, CLEC and CenturyLink may agree on alternate methods to
establish call jurisdiction based on regulatory or technological evolution. The Parties
agree that it is in the best interest of both Parties to work together in an effort to continue
to improve the accuracy of jurisdictional data and such efforts shall not be reasonably
withheld by either Party.
7.3.9.2.1.1 lnterLATA Traffic which is Toll Vo|P-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
interstate switched access service rates. lnterLATA Traffic which is not Toll
VoIP-PSTN Traffic shall be subject to 7.2.1.3.1.
7.3.9.2.1.2 lntraLATA Toll Traffic which is Toll VoIP-PSTN Traffic will continue
to be exchanged at each Party's intrastate access tariff rates, as intrastate
access tariff rates for terminating traffic are at parity with interstate access rates
for terminating usage.
7.3.9.2.1.3 The portion of LIS facilities used for Toll Vo|P-PSTN Traffic will be
billed at CenturyLink's interstate access tariff rates after the application of
Relative Use Factor. CenturyLink will use the Local lnterconnection Service
Oclober 22, 201 3l mmslZayo Group/lCC Vol P/l D
Amendment to CDS-051 21 9-0002
DocuSign Envelope lD: 4AEAFF3D-8023-4E3B-8E96-1 SDOE9BFC8C9
Facilities Percent VolP Usage (LlS-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 Vo|P-PSTN
Traffic based on information such as the number of the CLEC's retai!
VolP subscriptions in the state (e.9., as reported on FCC Form 477),
traffic studies, actual call detail, or other relevant and verifiable
information which the parties will exchange.
7.3.9.2.1.3.2 CenturyLink shall provide billing adjustments on a
quarterly basis until such time as billing system modifications can be
implemented to apply the applicable rate to all Toll Vo|P-PSTN Traffic on
an automated basis. These adjustments shall not be treated as billing
errors under PID/PAP.
7.3.9.2.1.4 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.
October 22, 2}13lmmslZayo Group/lCC Vol P/l D
Amendment to CDS-051 21 9-0002
Oocusign Envelope lD: 4AEAFF3D-g02HE3B-8E9618OoE9BFC8C9
ICC VolP Amendment
Exhibit A
EAS / Local Traffic
Reciprocal Compensation
Elcction
Arnendment Blll and Keep Notes
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