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HomeMy WebLinkAbout20100521Amendment 1.pdf~ . . . e . QW~--t'-IO'~Ò'S CA 1M ~~ J k--é;f f) Originated Toll Free Service Jointly Provided. Switched Access Rtc.'\)i:ri Amendment to the Interconnection Agreement ...., '~'e" between Qwest Corporation and Neutral Tandem, Inc20lBHAY 2 l Al19: 39 for the State of Idaho This is an amendment ("Amendment") to incorporate certain terms and conditions related to Originated Toll Free Service JPSA traffic into the Agreement between Qwest Corporation ("Qwest"), a Colorado corporation, and Neutral Tandem, Inc ("CLEC"). Qwest and CLEC shall be known jointly as the "Parties." RECITALS WHEREAS, CLEC and Qwest entered into an Interconnection Agreement ("Agreement") that was filed with the Commission; and WHEREAS, CLEC offers a tariffed service ("Tandem Service "); and WHEREAS, the Parties wish to amend the Agreement to add terms and conditions that wil permit 8XX Third Party Carriers to route unqueried originated Toll Free Service JPSA traffc to CLEC for the 8XX database dip, and to route the queried traffic to IXCs served by Qwest as JPSA traffc via CLEC's LIS trunks. WHEREAS, the Parties agree to amend the Agreement under 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 to incorporate the terms and conditions set forth in Attachment 1 to this Amendment, attached hereto and incorporated herein by this reference. Effective Date This Amendment shall be effective upon approval by the Commission and shall be effective for the term of the Agreement, including any applicable renewal or "evergreen" period ("Amendment Term"). The Parties agree to implement the provisions of this Amendment upon execution. Scope This Amendment shall amend, modify and revise the Agreement only to the extent specifically set forth in Attachment I of this Amendment. All other terms and provisions of the Agreement shall remain in full force and effect. March 18, 2010/cac/Neutrai Tandem/JPSAlID Amendment to CDS-100316-0001 1 ~ . . . Conflicts In the event of a conflict between this Amendment and the terms and conditions of the Agreement, this Amendment shall control. 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, 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 the documents referred to herein and all effective amendments) 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, in multiple counterparts, each of which is deemed an original, but all of which shall constitute one and the same instrument. Neutral Tandem, Inc.Ows! Corporation t-~-Signature ..û~~~ Signature 1) f'" \ D ~-¡ (A\L. Name PrintedlTyped \Jp ß\\.\.Ir-Úi t, tt.VENit~ ~vcc; Title L. T. Christensen Name PrintedlTyped Director - Interconnection Agreements Title ~l3gl I'1J 1'21,0 Date Date March 18, 2010/caclNeutrai Tandem/JPSAlID Amendment to CDS-100316-0001 2 .. . . ATTACHMENT 1 Originated Toll Free Service Jointly Provided Switched Access (JPSA) 1.DEFINITIONS All terms used in this Amendment but not defined herein shall have the meaning set forth in the Agreement. Any references to, "8XX Third Party Carrier" and Commercial Mobile Radio Service" or "CMRS provider" in the definitions below shall only apply to the terms and conditions of this Amendment. "8XX Third Party Carrier" means a CMRS provider whose originating Toll Free Service traffic transits CLEC's network, is queried by CLEC's network, and routes the queried traffic to IXCs served by Qwest as JPSA traffc via CLEC's LIS trunks. "Meet-Point Billng" or "MPB" or "Jointly Provided Switched Access" or "JPSA" refers to an arrangement whereby two (2) or more Telecommunications Carriers including an ILEC, CLEC or CMRS provider receive traffic in the same LATA that the call is to be terminated in or originated from, and jointly provide Switched Access Service to an Interexchange Carrier, with each ILEC, CLEC or CMRS provider receiving an appropriate share of the revenues from the IXC as defined by their effective Switched Access Tariffs or, if applicable,CMRS contract. "Multiple Exchange Carrier Access Biling" or "MECAB" refers to the document prepared by the Billng Committee of the Ordering and Billing Forum (OBF), which functions under the auspices of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications Industry Solutions (ATIS). The MECAB document, published by ATIS (0401004-0009), contains the recommended guidelines for the billing of an Access Service provided by two or more Telecommunications Carriers (including a 8XX Third Party Carrier, LEC and/or a CLEC), or by one LEC in two or more states within a single LATA. "Multiple Exchange Carrier Ordering and Design" or "MECOD" Guidelines for Access Services - Industry Support Interface, refers to the document developed by the Ordering/Provisioning Committee under the auspices of the Ordering and Billng Forum (OBF), which functions under the auspices of the Carrier Liaison Committee (CLC) of the Alliance for Telecommunications Industry Solutions (ATIS). The MECOD document, published by ATIS (0404120-0006), contains recommended guidelines for processing orders for Access Service which is to be provided by two or more Telecommunications Carriers (including a 8XX Third Party Carrier, LEC and/or a CLEC). 2. JOINTLY PROVIDED SWITCHED ACCESS SERVICES 2.1 Jointly Provided Switched Access Service is defined and governed by the FCC and state access Tariffs, Multiple Exchange Carrier Access Billng (MECAB) and Multiple Exchange Carrier Ordering and Design (MECOD) Guidelines and based on LERG routing, and is not modified by any provisions of this Agreement. Both Parties agree to comply with such guidelines. For each 8XX Third Party Carrier, CLEC wil require that such third party update the LERG to reflect that CLEC is the "800 SSP" for the 8XX Third Party Carrier's . Mobile Services Switching Center (MSC). March 18, 2010/caclNeutrai Tandem/JPSAlID Amendment to CDS-100316-0001 3 .2.2 Qwest has taken the approach as outlned in Section 2.4.1 to national committees to determine if documents and processes require updating to specifically address this approach. Both CLEC and Qwest agree to amend the Agreement to reflect any new industry standards that conflict with the terms and conditions of this Amendment 2.3 CLEC acknowledges 8XX Third Party Carriers wil be set up with Qwest as "Meet Point Billng" carriers, which means that Qwests billng to IXCs for this traffic is based on Qwest FCC Access Tariff No.1, section 2.4.7. CLEC agrees to use commercially reasonable efforts to set up 8XX Third Party Carriers as Meet Point Biling carriers with Qwest thirty (30) days prior to the date such 8XX Third Party Carrier's originated Toll Free Service JPSA traffic begins transiting CLEC's network. In addition, CLEC wil notify Qwest of third party carrier end office(s) that will originate Toll Free Service JSPA traffc thirty (30) days prior to the date that said end offce begins transiting such traffic over CLEC's network. . 2.4 The Parties wil file Biled Percentage ("BP"), agreed to by the Parties in the NECA 4 Tariff per the MECAB guidelines. 2.4.1 For Toll Free Service JPSA traffic originated by 8XX Third Part Carriers, sent to CLEC then to Qwest via the LIS facilities in place between CLEC and Qwest, the following 3 party BP arrangements wil apply. The route type wil be designated as SWT. Qwest office is designated as an end point. CLEC's offce is designated as an intermediate point. 8XX Third Party Carriers office is designated as an end point. The BP between Qwest and CLEC on this three party route will be calculated so that Qwests portion of the route between CLEC and Qwest is 50%. However when CLEC establishes a POI within a Collocation at a Qwest Tandem, if Qwest and the Third Party has.the route fied in NECA in which the Third Party has 100% of the BP then both CLEC and Qwest wil each have 0% of the BP. In addition, prior to the Parties filing any BP in the NECA 4 Tariff pursuant to the first sentence of this Section 2.4, CLEC's BP will be 0%. 2.5 Exchange Message Interface (EMI) Category 11 JPSA records wil be provided to Qwest by CLEC for any 8XX Third Party Carrier's originated Toll Free Service JPSA traffic exchanged from 8XX Third Party Carrier's NPAlNXXs to Qwest via CLEC LIS trunks for delivery to IXCs to ensure such traffc is treated appropriately in Qwests access billng systems, unless otherwise negotiated by the Parties. 2.6 Qwest agrees to function as the Access Service Coordinator (ASC) as defined in the Multiple Exchange Carrier Ordering and Design (MECOD) Guidelines. Qwest wil provide the operational, technical and administrative support required in the planning, Provisioning and maintenance involved in the joint access Provisioning process to the IXCs. Qwest wil not fulfill the role of ASC if CLEC does not fully comply with MECOD requirements, including filing CLEe's End Office Switches and BPs in the NECA 4 Tariff. 1 2.7 Qwest and CLEC will each prepare and render a separate bill to the IXC in accordance with its own Tariff or contract for the portion of the service it provides.2 .i Replaces 7.5.2 of the Agreement 2 Replaces 7.5.3 of the Agreement March 18, 2010/cac/Neutrai Tandem/JPSAlID Amendment to CDS-100316-0001 4