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HomeMy WebLinkAbout20170405Amendment 1.pdf_-. '.\:_ tt lt" j"r. i '*lirl-li {H Centurylink'!'rJil iPri -5 &[.l l0: 59 April4,2017 Via Overnight delivery Jean Jewell, Secretary Idaho Public Utilities Commission 472 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-007 4 Case No.: QWE-T-10-03 Application for Approval of Amendment to Interconnection Agreement Dear Ms. Jewell: Enclosed for filing are an original and two (2) copies of the Carrier Partner for Interconnected VoIP Provider Amendment to the lnterconnection Agreement between Qwest Corporation dba CenturyLink QC and Neutral Tandem - Idaho, LLC for the State of Idaho. 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, ,',. i =L,.:l:i '- ,''.,i:telr.'i;,.', .._itil Re Jo G. Legal Assistant III lica Enclosure(s)cc: Service List www.centu rylin k.com 1600 7th Avenue, Room 1506 Seattle, Washington 98191 206-733-s236 iosie.addington@centurvlink.com Lisa A. Anderl (WSBA#I 3236) CenturyLink 1600 7th Ave, Room 1506 Seattle, Washington 98191 Telephone: (206) 345 -l 57 4 li sa. anderl@centurylink. com APPLICATION OF QWEST CORPORATION dba CENTURYLINK QC FOR APPROVAL OF AN AMENDMENT TO INTERCONNECTION AGREEMENT WITH NEUTRAL TAIIDEM - IDAHO, LLC PURSUANT To 47 U.S.C. $2s2(e) CASE NO.: QWE-T-10-03 APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT :. :.);l'li i:D I --:-, tt l ti'l. q e'.-; I \-, ,,il ttJ'JJ CenturyLink 1600 76 Ave., Suite 1506 Seattle, WA 98191 Telephone: (206) 733-5178 ,l ;- atArl-\ -''1 l, BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION Qwest Corporation dba CenturyLink QC ("CenturyLink") hereby files this Application for Approval of an Amendment to the Interconnection Agreement. The Interconnection Agreement was approved by the Idaho Public Utilities Commission on June 22,2010 under Order No.32752 (the "Agreement"). The Carrier Partner for Interconnected VoIP Provider Amendment to the Interconnection Agreement ("Amendment") between CenturyLink and Neutral Tandem - Idaho, LLC ("Neutral Tandem") 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 ca:rier not a party to this AppI.IcerIoN FoR APPRovar or AWUoMENT To INTERCoNNECTIoN AcRTpwUTNEUTRAL TANDEM - Page I agreemen! 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 Neutral Tandem 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 4th day of April,zUl7. CENTURYLINK Lisa A. Attomey for Qwest Corporation dba CenturyLink QC APPLICATIoN FoR APPRovaT oT AUENDMENT To INTERCo}{T.IECTIoN AGREEMENT NEUTRAL TANDEM _ PAgE 2 CenturyLink 1600 76Ave., Suite 1506 Seattle, WA 98191 Telephone: Q06\ 733-5178 CERTIFICATE OF SERVICE I hereby certiff that on this 4tr day of April,2Ol7,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 47 2 W est Washington Steet P.O. Box 83720 Boise, Idaho 83720-0074 ij ewel l@puc. state. id.us Hand Delivery U. S. MailXX Ovemight Delivery Facsimile Email John Bullock, COO Neutral Tandem - Idaho, LLC 1 South Wacker, Suite 200 Chicago, Illinois 60606 Hand DeliveryXX U. S. Mail Ovemight Delivery Facsimile Email Qr:-) AW{) Josie gAai',gdn U APPLICATIoN FoR APPRoVAL oF AMENDMENT To INTERCoi.INECTIoN AcREEtlcNr NEUTRAL TANDEM - Page 3 CenturyLink 1600 76Ave., suite 1506 Seanle, wA 98191 Telephone: (206) 733-517 8 DocuSign Envelope lD: 326167E2-0F79-4A81-8924-98707692040F Carrier Partner for lnterconnected VolP Provider Amendment to the lnterconnection Agreement between Qwest Corporation dba CenturyLink QG and Neutral Tandem - ldaho, LLC for the State of ldaho This Canier Partner for lnterconnected VolP Provider Amendment (the "Amendment") is to the lnterconnection Agreement between Qwest Corporation dba CenturyLink QC ("CenturyLink"), and Neutral Tandem - ldaho, LLC ('CLEC'). CenturyLink and CLEC shall be known jointly as the "Parties". REGITALS WHEREAS, CenturyLink and CLEC entered into an lnterconnection Agreement ("Agreement") for service in the state of ldaho concurrent with this Amendment that is also filed with the Commission which, among other terms, requires each party to provide for the exchange of Exchange Service (EASiLocal), lntraLATA LEC Toll, Transit, VolP-PSTN Traffic and Jointly Provided Switched Access traffic; and WHEREAS, CLEC wishes to act as a Carrier Partner for an lnterconnected VolP Provider, which obtains their own number resources pursuant to FCC Report and Order 15-70 ("VolP Numbering Order"), released June 22,2015. CLEC will provide a switch for its use and seeks to combine CLEC's traffic with lnterconnected VolP Provider's VolP-PSTN Traffic and exchange such traffic with CenturyLink according to the terms of this "Carrier Partner for lnterconnected VolP Provider Amendment" (the "Canier Partner Amendment"), subject to limitations and requirements of the Local Exchange Routing Guide ('LERG") and other applicable requirements, including but not limited to the Agreement and the Amendment; and WHEREAS, the Parties have amended the Agreement in response to the Order that the Federal Communications Commission issued in Docket No. 01-92, ln the Matter of Developing a Unified lntercarrier Compensation Regime, effective December 29,2011; and WHEREAS, the Parties wish 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 by adding specific terms and conditions under which CLEC exchanges traffic with CenturyLink as set forth in Attachment 1 to this Amendment, attached hereto and incorporated herein by this reference. Effective Date This Amendment shall be deemed effective upon approval by the Commission, or by being permitted to go into effect by operation of law; however, the Parties may agree to implement the March 1 5, 2OlT lYlclCarrier Partner for lnterconnected VolP Provider Amd/Neutral Tandem/lD Amendment to CDS-1 70207-0003 (v.08.04.2016) DocuSign Envelope lD: 326167E2-0F79-4A81 -B92A-987076920A0F provisions of this Amendment upon execution. To accommodate this need, CLEC must generate, if necessary, updated customer documentation. ln addition, all system updates will need to be completed by CenturyLink. Carrier Partner will be notified when all system changes have been made. Actualorder processing may begin once these requirements have been met. Further Amendments Except as modified herein, the provisions of the Agreement shall remain in full force and effect. The provisions of this Carrier Partner 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 Carrier Partner 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, in multiple counterparts, each of which is deemed an original, but all of which shall constitute one and the same instrument. NeutralTandem - ldaho, LLC Qwest Corporation dba CenturyLink QC by:?i::Mr* Arllt,l Signature John Bullock Signature Diane Roth Name Printed/Typed coo Name Printedffyped Director - Wholesale Title 3/3L/20L7 Title 3/3L/20L7 Date Date March 1 5, 20lT lY,lclCarrier Partner for lnterconnected VolP Provider Amd/Neutral Tandem/lD Amendment to CDS-170207-0003 (v.08.04.201 6) 2 DocuSign Envelope lD: 326'l 67E2-0F79-4A81 -892A-987076920A0F ATTACHMENT 1 ATTACHMENT 1 The followinq lanquaqe is added to the existinq lansuase, in the Aoreement. in its entiretv: Definitions Carrier Partner is a Certified Local Exchange Carrier (CLEC) that provides the facilities and trunking that an lnterconnected VolP Provider needs in order to exchange traffic with CenturyLink and demonstrates facilities readiness as described in the VolP Numbering Order. Denial of Service (DoS) is an action that prevents legitimate user(s) from using or being provided service. lnterconnected VolP Provider is an entity that provides interconnected VolP service, as that term is defined in 47 C.F.R. S9.3 and that obtains numbering resources as described in the VolP Numbering Order. Terms of Carrier Partner Amendment 1. Pursuant to the terms of this Amendment, CLEC will be exchanging with CenturyLink Vo|P-PSTN Traffic, Transit and Jointly Provided Switched Access traffic of lnterconnected VolP Providers on the CLEC's interconnection trunks. 1.1 Prior to CLEC exchanging traffic for an lnterconnected VolP Provider with CenturyLink, CLEC will notify CenturyLink and CenturyLink will confirm that the lnterconnected VolP Provider has entered into an "lnterconnected VolP Provider Numbering Agreement" with CenturyLink. 1.2 CLEC will notify CenturyLink when CLEC is no longer routing an lnterconnected VolP Provider's traffic on CLEC's interconnection trunks. 1.3 CLEC will provide such notifications to their CenturyLink Customer Account Manager (CAM). 1.4 CLEC will follow applicable procedures of the LERG and the CLEC Agreement in order to identify the OCNs and NPA-NXX(s) of the lnterconnected VolP Provider which will be associated with the CLEC's Switch and routed on the CLEC's interconnection trunk g roups. 2. CLEC and CenturyLink will continue to exchange traffic under the terms of the CLEC Agreement, including treatment of traffic terminating to CenturyLink end users. Solely for purposes of this Amendment, all traffic originated by parties utilizing CLEC and terminating to CenturyLink end users or transiting CenturyLink to other providers will be treated as though originated by CLEC, including but not limited to terminating intercarrier compensation, Transit compensation, compensation for use of interconnection transport facilities, and establishment of direct trunk groups. March 1 5, 2017llgclCarrier Partner for lnterconnected VolP Provider Amd/Neutral Tandem/lD Amendment to CDS-1 70207-0003 (v.08.04.201 6) 3 DocuSign Envelope lD: 326167E2-0F79-4A81-892A-987076920A0F ATTACHMENT 1 3. No compensation for transiting traffic will be paid by CenturyLink to CLEC for traffic that CenturyLink sends through the CLEC to terminate to lnterconnected VolP Provider. All CenturyLink end user traffic will be treated as though it was terminated with the CLEC. 4. lnterconnected VolP Provider traffic will be included as the CLEC's responsibility in accordance with applicable terms of the Agreement. 5. This Amendment does not otherwise modify or supersede the terms and conditions of any agreement that CLEC may have with CenturyLink, including tariff, lnterconnection and/or other agreements. 6. Solely for purposes of this Amendment, all Vo|P-PSTN traffic originated by CenturyLink and terminating to parties utilizing CLEC will be treated as though they terminated to the CLEC, including but not limited to terminating intercarrier compensation, Transit compensation, compensation for use of interconnection transport facilities, and establishment of direct trunk groups. This Amendment does not authorize CLEC to bill CenturyLink on behalf of lnterconnected VolP Provider for any charges incurred by the lnterconnected VolP Provider to establish connectivity with CLEC or for services purchased between CenturyLink and the lnterconnected VolP Provider contained in separate agreements or tariffs. 7. CLEC will pass unaltered signaling information (e.9., originating Calling Party Number and destination called party number, etc.) for the lnterconnected VolP Provider's traffic per 47 C.F.R. S 64.1601 and industry standards. 8. CLEC agrees that CenturyLink may discontinue accepting all traffic delivered over CLEC's trunking where CenturyLink experiences from lnterconnected VolP Provider a Denial of Service (DoS) attack or such lnterconnected VolP Provider traffic otherwise contributes to the degradation of CenturyLink's network or CenturyLink's ability to provide service to its customers. CLEC agrees to remove the inappropriate lnterconnected VolP Provider traffic from its network prior to CenturyLink's subsequent acceptance of CLEC's other traffic. Following any such event, CLEC will establish a separate trunk group for the lnterconnected VolP Provider's exclusive use for any subsequent lnterconnected VolP Provider traffic. 9. Where CLEC agrees to allow its interconnection trunks with CenturyLink to also be used for the routing of lnterconnected VolP Provider's traffic, CLEC will ensure traffic routed over such trunks is destined solely to the geographic area served by CenturyLink's switch as defined in the LERG. 10. CLEC agrees that CenturyLink will not be responsible to provide 91 1 services directly to the lnterconnected VolP Provider and that instead lnterconnected VolP Provider will be responsible for ensuring they implement a solution to route 911 calls in accordance with all federal, state and municipal laws. 11. lf CLEC chooses to obtain numbering from NANPA under a different OCN as an lnterconnected VolP Provider, they must have both a Commercial lnterconnected VolP Provider Numbering Agreement and this Amendment in order to route their lnterconnected VolP Provider traffic associated with that OCN on CLEC's interconnection trunks. March 1 5, 2017 lkjclCarrier Partner for lnterconnected VolP Provider Amd/Neutral Tandem/lD Amendment to CDS-170207-0003 (v.08.04.201 6) 4