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HomeMy WebLinkAbout20170405Amendment 2.pdf1.-ir.rr1r:'!\t- l:i i- | Il't'-.)'- l | -'"/ :.: J 't'l -5 f,ll ll: l:9 {H CenturyLink' r rrr1r'\l,ar,t-.'ii.-. lt--ti 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