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HomeMy WebLinkAbout20120921Amendment.pdfCenturyLink . 1600 7th Avenue, Room 1506 Seattle, Washington 98191 (206) 733-5178 Facsimile (206) 343-4040 Maura E. Peterson Paralegal Regulatory Law RECEIVE D 719I2SEP2I AM 9:33 - - tJTUI (L:ION CenturyLinklM Via Overnight delivery September 20, 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-06-26 Application for Approval of Amendment to the Interconnection Agreement . Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation dba CenturyLink QC ("CenturyLink") 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 this mXtr. - Si cerely, Maura E. Pete mep Enclosure cc: Service list . www.centuryhnk.com Lisa A. Anderl (WSBA#13236) CenturyLink 1600 7th Ave, Room 1506 Seattle, WA 98191 Telephone: (206) 733-5178 Facsimile: (206) 343-4040 lisa.anderl@centurylink.com RECEIVED 2012SEP21 AM 9:33 IDAHO UL'Lt UTILITS c)MMISSO BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORATION dlbla CENTURYLINK QC FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e) CASE NO.: QWE-T-06-26 APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Qwest Corporation d/b/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 December 27, 2006 (the "Agreement"). The Amendment with Coeur d'Alene Answering Service Inc. dlb/a Pass Word ("Pass Word") 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 is Communications Commission. Expeditious approval of this Amendment will enable Pass Word APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1 PASS WORD ICC BILL AND KEEP AMENDMENT IS to interconnect with CenturyLink facilities and to provide customers with increased choices among paging 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 !1y of September, 2012. Qwest Corpor lion I CenturyLink QC Lisa A. Ander Attorney for CenturyLink QC . is APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 PASS WORD ICC BILL AND KEEP AMENDMENT CERTIFICATE OF SERVICE I hereby certify that on this 20th day of September, 2012, I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT upon all parties of record in this matter as follows: S Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 jjewell@puc.state.id.us Pass Word, Inc. Rodney J. Bacon, President 1303 W. First Ave. Spokane, WA 99201-4190 Hand Delivery U. S. Mail X Overnight Delivery Facsimile Email Hand Delivery X U.S.Mail Overnight Delivery Facsimile Leslie Johnson S APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 PASS WORD ICC BILL AND KEEP AMENDMENT ICC Bill and Keep Amendment to the Type I and Type 2 Paging Connection Service Agreement between Qwest Corporation dba CenturyLink QC and Coeur d'Alene Answering Service, Inc. dba Pass Word for the State of Idaho This Amendment ("Amendment") is to the Type 1 and Type 2 Paging Connection Service Agreement between Qwest Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and Coeur d'Alene Answering Service, Inc. dba Pass Word ("Paging Provider") (collectively, the "Parties"). RECITALS WHEREAS, the Parties entered into an Interconnection 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 a Unified Intercarrier Compensation Regime, issued an order that affects the Parties rights and obligations with respect to the exchange of traffic between Paging Provider providers and LECs effective December 29, 2011 ("FCC Order" or "Order"); and WHEREAS, CenturyLink has requested to amend the Agreement based on the Commission ID FCC Order; and WHEREAS, the Parties agree to amend the Agreement based on 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 adding terms, conditions, and rates as set forth in Attachment I attached hereto and incorporated herein by this reference. By signature on this Amendment, Paging Provider has elected to modify existing contract terms in order to implement the applicable provisions of the above mentioned Order. Effective Date The Parties agree to implement the provisions of this Amendment effective July 1, 2012. . Coeur d'Alene Answering Service, Inc. dba Pass Word- ID-July 23, 2012- ICC Paging Bill and Keep Amendment Amendment to CDS Further Amendments Except as modified herein, the provisions of the Agreement shall remain in full force and effect Except as provided in the Agreement, this Amendment may not be further amended or altered, and no waiver of any provision thereof shall be effective, except by written instrument executed by an authorized representative of both Parties. Entire Agreement Other than the publicly filed Agreement and its Amendments, CenturyLink and Paging Provider have no agreement or understanding, written or oral, relating to the terms and conditions for interconnection. 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. Coeur d'Alene Answering Service, Inc. dba Pass Word Signature Rod Bacon Name Printed/Typed President Title Date Qwest Corporation dba CenturyLink QC 71 Z Signature L. T. Christensen Name Printed/Typed Director -Wholesale Contracts Title Date . Coeur d'Alene Answering Service, Inc. dba Pass Word- ID-July 23, 2012- ICC Paging Bill and Keep Amendmeni Amendment to CDS . 2 Attachment I Notwithstanding anything set forth in the Agreement to the contrary, the following terms and provisions shall govern the exchange of Non-Access Telecommunications Traffic, as defined in the Order, between the Parties. 1.General 1.1. Bill and Keep shall mean the originating Party has no obligation to pay terminating charges to the terminating Party. 1.2. Non-Access Telecommunications Traffic shall have the meaning set forth in 47 CFR §51.701(b) that is terminated as one way Land to Mobile (L-M) wireless traffic to Paging Provider's end users. 1.3. All other terms not otherwise defined in this Amendment are as defined in the ICA. 2.Intercarrier Compensation. 2.1. Bill and Keep shall apply to the exchange of Non-Access Telecommunications Traffic, solely between the Parties. 2.2. Notwithstanding anything in this Agreement to the contrary, Bill and Keep shall not apply to the portion of the facilities associated with Third Party Traffic. 0 Coeur d'Alene Answering Service, Inc. dba Pass Word- ID-July 23, 2012- ICC Paging Bill and Keep Amendment Amendment to CDS