HomeMy WebLinkAbout20170405Amendment 2.pdf1.-ir.rr1r:'!\t- l:i i- | Il't'-.)'- l | -'"/
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April4,2017
Via Overnight delivery
Jean Jewell, Secretary
Idaho Public Utilities Commission
47 2 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 Name Correction and
Reciprocal Compensation Bill and Keep Amendment to the Interconnection Agreement between
Qwest Corporation dba CenturyLink QC and Neutral Tandem, Inc. 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,
G
Legal Assistant III
/isa
Enclosure(s)cc: Service List
www.centu rylin k.com
1600 7tn Avenue, Room 1506
Seattle, Washington 98191
206-733-5236
Re:
iosie.addinston@centurvlink.com
Lisa A. Anderl (WSBA#13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, Washington 98191
Telephone: (206) 3 45 -l 57 4
lisa. anderl@centurylink. com
APPLTCATTON Or QWEST
CORPORATION dba CENTURYLINK QC
F'OR APPROVAL OF AN AMENDMENT
TO INTERCONNECTION AGREEMENT
WITH NEUTRAL TAIIDEM - IDAHO,
LLC PURSUANT To 47 U.S.C. $2s2(e)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.: QWE-T-10-03
APPLICATION FOR APPROVAL OF'
AMENDMENT TO INTERCONNECTION
AGREEMENT
Qwest Corporation dba CenturyLink QC ("CenturyLink") hereby files this Application
for Approval of an Amendment to the lnterconnection Agreement. The Interconnection
Agreement was approved by the Idaho Public Utilities Commission on June 22,2010 under
Order No. 32752 (the "Agreement"). The Name Correction and Reciprocal Compensation Bill
and Keep 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 carrier not a party to this
APPLICATIoN FoR APPRoVAL oF AMENDMENT To INTERCoNNECTIoN
AcnseNaeNr NEUTRAL TANDEM - Page I
CenturyLink
1600 7mAve., Suite 1506
Seattle, WA 98191
Telephone: (206) 733-5178
agreemenU 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 4n day of April,2|l7.
CENTURYLINK
A
Attorney for Qwest Corporation dba CenturyLink QC
APPLICATIoN FoR APPRoVAL oF AMENDMENT To INTERCo}.TNECTIoN
AcnppN{sNr NEUTRAL TANDEM - Page 2
CenturyLink
1600 7*Ave., Suite 1506
Seattle, WA 98191
Telephone: (206) 733-5178
CERTIFICATE OF SERVICE
I hereby certiff that on this 4ft day of April,2Ol7,I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO TIIE II{TERCONNECTION
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@Ec. state. id.us
Hand Delivery
U. S. MailXX Ovemight Delivery
Facsimile
Email
John Bullock, COO
Neutral Tandem - Idaho, LLC
I South Wacker, Suite 200
Chicago, Illinois 60606
Hand DeliveryXX U. S. Mail
Ovemight Delivery
Facsimile
Email
Josie
APPLICATIoN FoRAPPRoVAL OF AMENDMENT To INTERCoNNECTIoN
AGREEMENT NEUTRAL TANDEM _ Page 3
CenturyLink
1600 7eAve., Suite 1506
Seattle, WA 98191
Telephone: (206) 733-517 8
DocuSign Envelope lD: 9D040A7A-5CE8-4528-BE67 -7 46261 1 44D7F
Name Gorrection and ReciprocalCompensation Billand Keep Amendment
to the lnterconnection Agreement between
Qwest Corporation dba GenturyLink QC and
NeutralTandem, lnc.
for the State of ldaho
This is an Amendment ("Amendment") to the lnterconnection Agreement between Qwest
Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and Neutral Tandem,
lnc. ("CLEC"). CenturyLink and CLEC shall be known jointly as the "Parties".
RECITALS
WHEREAS, the Parties entered into an lnterconnection Agreement ("Agreement") for service in
the state of ldaho which was approved by the Commission on June 21, 2010; and
WHEREAS, the Parties noticed an error in CLEC's name in the originalAgreement and wish to
correct it at this time; and
WHEREAS, the Parties desire to amend the Agreement further 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 terms and conditions for Bill and Keep Reciprocal
Compensation as set forth in Attachment 1, to this Amendment, attached hereto and
incorporated herein by this reference.
The Agreement is also hereby amended by correcting CLEC's name to Neutral Tandem-ldaho,
LLC.
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
provisions of this Amendment upon execution. To accommodate this need, CLEC must
generate, if necessary, an updated Customer Questionnaire. ln addition to the Questionnaire,
all system updates will need to be completed by CenturyLink. CLEC will be notified when all
system changes have been made. Actual order processing may begin once these requirements
have been met. Additionally, CenturyLink shall implement any necessary billing changes within
two (2) billing cycles after the latest execution date of this Amendment, with a true-up back to
the latest execution date of this Amendment by the end of the second billing cycle. The Parties
agree that so long as CenturyLink implements the billing changes and the true-up as set forth
above, the CLEC's bills shall be deemed accurate and adjusted without error.
March 13, 2017lkjcBil and Keep Recip Comp Amd/NeutralTandemUlD
Amendment to CDS-1 0031 6-0001
DocuSign Envelope lD: 9D040A7A-5CE8-4528-BE67-7 46261'l 44D7F
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, in multiple counterparts, each of which is deemed an original, but all of which shall
constitute one and the same instrument.
Neutral Tandem-ldaho, LLC Qwest Gorporation dba CenturyLink QG
Ilocusirned by:by:
bhn A^bl"D;.*'e {aX.
Signature
Diane Flnth
Signature
John Bullock
Name Printed/Typed
coo
Name Printed/Typed
Director - Wholesale
Title
3/2L/20L7
Title
3/2L/20L7
Date Date
March 13, 2017lklclBil and Keep Recip Comp Amd/Neutral TandemUlD
Amendment to CDS-1 0031 6-0001
2
DocuSign Envelope lD: 9D040A7A-5CE8-452B-8E67-74626'1144D7F
ATTACHMENT 1
ATTACHMENT 1
The following language herebv reolaces the existins lanquaqe. in the Asreement, in its
entiretv:
Followino is a complete replacement of Section 7.3.4:
7.3.4 Exchange Service (EAS/Local) Traffic
7 .3.4.1 End Office Call Termination
7.3.4.1.1 The Parties agree that, based upon the fact that the traffic
exchanged between the Parties historically has been roughly balanced or low in
volume, end office call termination compensation for Exchange Service
(EAS/Local) traffic shall be based upon the bill and keep compensation
mechanism, whereby neither Party charges the other Party reciprocal
compensation for the termination of EAS/Local traffic originated by the other
Party. Bill and keep shall govern compensation for such traffic exchanged by the
Parties in this State until the earlier of: (1) the expiration of the Agreement, or (2)
further action by the Federal Communications Commission (FCC), or a court of
competent jurisdiction, vacates, replaces, modifies, or supersedes the applicable
rules adopted in Order on Remand and Report and Order, CC Docket Nos. 96-
98,99-68, FCC 01-131 (rel. Apr.27,2001).
7.3.4.1.2 lntentionallyLeftBlank.
7.3.4.1.3 lntentionallyLeftBlank.
7.3.4.1.4 Neither Party shall be responsiple to the other for call termination
charges associated with third party traffic that transits such Party's network.
7 .3.4.2 Tandem Switched Transport
7.3.4.2.1 For traffic delivered through a CenturyLink or CLEC tandem
Switch (as defined in the Agreement), the Parties agree that, based upon the fact
that the traffic exchanged between the Parties historically has been roughly
balanced or low in volume, tandem switched transport functions for Exchange
Service (EAS/Local) non-transit traffic shall be compensated based upon the bill
and keep compensation mechanism. Bill and keep will apply to both the tandem
switching rate and the tandem transmission rate. Bill and keep shall govern
compensation for such traffic exchanged by the Parties in this State until the
earlier of: (1) the expiration of the Agreement , or (2) further action by the Federal
Communications Commission (FCC), or a court of competent jurisdiction,
vacates, replaces, modifies, or supersedes the applicable rules adopted in Order
March 13, 2OlTlkjclBill and Keep Recip Comp Amd/NeutralTandemUlD
Amendment to CDS-1 0031 6-0001
3
DocuSign Envelope lD: 9D040A7A-5CE8-4528-8E67 -7 46261 1 44D7F
ATTACHMENT 1
on Remand and Report and Order, CC Docket Nos. 96-98, 99-68, FCC 01-131
(rel. Apr. 27, 2001).
7.3.4.2.2 lntentionally Left Blank
7.3.4.2.3 lntentionally Left Blank
7.3.4.2.4 When CenturyLink receives an unqueried call from CLEC to a
number that has been ported to another Switch within the EAS/Local Calling
Area, and CenturyLink performs the query, charges will apply for the FCC
approved default query per Section 10, as well as mileage sensitive tandem
transmission rates which reflect the distance to the End Office Switch to which
the call has been ported.
7.3.4.2.4.1 To determine the responsible originating Carrier of
unqueried calls for purposes of identification of the Carrier to bill LNP
query charges, CenturyLink and CLEC are required to utilize the Number
Portability Administration Center (NPAC) database, or another database
that is supported by OBF.
7 .3.4.3 lntentionally Left Blank.
7.3.4.4 lntentionally Left Blank.
Followins is a complete replacement of Section 7.3.6:
7.3.6 ISP-Bound Traffic
7.3.6.1The Parties agree that |SP-bound traffic is lnterstate traffic and governed
by the FCC's Order on Remand and Report and Order (lntercarrier
Compensation for |SP-bound Traffic) CC Docket 01-131 (FCC ISP Order),
effective June 14, 2001. However, the Parties agree to exchange |SP-bound
traffic utilizing the bill and keep compensation mechanism. Bill and keep will
apply to both end office call termination and tandem switched transport of ISP-
bound traffic.
March 13, 2OlTlgclBill and Keep Recip Comp Amd/NeutralTandemUlD
Amendment to CDS-1 0031 6-0001
4