HomeMy WebLinkAbout20130502Amendment.pdfCenturyLink
1600 7th Avenue, Room 1506
Seattle, Washington 98191
(206) 733-5178
Facsimile (206) 343-4040
Maura E. Peterson
Paralegal
Regulatory Law
R EC E
20 1-3 MAY -2 HI 3:33
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CenturyLlnkTM
Via Overnight delivery
April 30, 2013
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-11-03
Application for Approval of Amendment to the Interconnection Agreement
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation dlb/a CenturyLink
QC is an original and three (3) copies of the Application for Approval of Amendment to the
Interconnection Agreement in the above-referenced docket. CenturyLink respectfully
requests that this matter be placed on the Commission Decision Meeting Agenda for
expedited approval.
Please contact mefo-have any questions concerning the enclosed. Thank you for your
assistance in this/mat.
E.
mep
Enclosure
cc: Service list
www.centurylink.com
Lisa A. Anderl (WSBA#13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: (206) 398-2504
Facsimile: (206) 343-4040
Lisa.anderl@qwest.com
iDAHO PULiL.
'jTILIIIES 3?MSSON
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST CASE NO.: QWE-T-11-03
CORPORATION d/b/a CENTURYLINK
QC FOR APPROVAL OF AN APPLICATION FOR APPROVAL OF
INTERCONNECTION AGREEMENT AMENDMENT TO THE
PURSUANT TO 47 U.S.C. §252(e) 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 March 4, 2011 (the "Agreement"). The
Amendment with Verizon Wireless ("Verizon") 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
Communications Commission. Expeditious approval of this Amendment will enable Verizon to
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
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 thisday of April, 2013.
t-CENTURY I 1)
Lisa A. And 1
Attorney for Qwest
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
CERTIFICATE OF SERVICE
I hereby certify that on this day of April 2013, 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 Hand Delivery
Idaho Public Utilities Commission U. S. Mail
472 West Washington Street X Overnight Delivery
P.O. Box 83720 Facsimile
Boise, Idaho 83720-0074 Email
jjewell@puc.state.id.us
Walker L. Jones, Jr.
Verizon Wireless
X email
- U.S.Mail
Overnight Delivery
Facsimile
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
..
ICC Amendment No 1
to the Interconnection Agreement
between
Qwest Corporation dba CenturyLink QC
and
Verizon Wireless
For the state of Idaho
This Amendment No. 1 ("Amendment") is to the Type 2 Wireless Interconnection Agreement (ICA)
between Qwest Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and the
Verizon Wireless entities listed on the Signature Page of this Amendment ("VZW") (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 on March 4, 2011; and
WHEREAS, the Federal Communications Commission in Docket No. 01-92, In the Matter of Developing
an Unified Intercarrier Compensation Regime, issued an order that affects the Parties rights and
obligations with respect to the exchange of traffic between WSP providers and LECs effective December
29, 2011 ("FCC Order" or "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 1
attached hereto and incorporated herein by this reference and eliminates Exhibit J, if applicable.
By signature on this Amendment, the Parties have elected to modify existing contract terms in order to
implement the applicable provisions of the above mentioned Order.
Effective Date
ThisAmendment has an Effective Date of July 1, 2012.
February 13, 2013 / Verizon Wireless/ icc Amendment - ID
Amendment to cos-100901-0006
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 VZW have no agreement
or understanding, written or oral, relating to the terms and conditions for interconnection.
•I
.
February 13, 2013 / Verizon Wireless/ ICC Amendment - ID
Amendment to CDS-100901-0006 2
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.
Ceilco Partnership d/b/a Verizon Wireless
Cellular Inc. Financial Corp. d/b/a Verizon Wireless
Idaho RSA No. 2 Limited Partnership d/b/a Verizon Wireless
By Verizon Wireless (VAW) LLC, Its General Manager
Idaho RSA 3 Limited Partnership d/b/a Verizon Wireless
By Verizon Wireless (VAW) LLC, Its General Manager
Idaho 6-Clark Limited Partnership d/b/a Verizon Wireless
By CommNet Cellular Inc., Its Managing Agent
RCC Minnesota, Inc.
Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless
WWC Holding Co., Inc. d/b/a Verizon Wireless
WWC License LIC d/b/a Verizon Wireless
By Alltel Communications, LLC, Its Sole Member
Qwest Corporation dba CenturyLink QC
1/7?
Signature Signature
Walter L. Jones, Jr. L. T. Christensen
Name Printed/Typed Name Printed/Typed
Area Vice Preside - Netwjrk Director -Wholesale Contracts
Title Title
Date Date
February 13, 2013 / verizon Wireless / icc Amendment - ID
Amendment to cos-100901-0006 3
Attachment 1
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.VZW agrees that it will only route traffic from its own wireless End User Customers to CenturyLink
for termination to CenturyLink End User Customers or as Transit Traffic destined for a third party. In
the event VZW routes any traffic from third parties to CenturyLink in violation of this paragraph,
CenturyLink shall be entitled to seek injunctive relief and to recover damages, including without
limitation, compensation for such traffic at the rate that is then applicable to intrastate access
traffic.
2.Tandem Management.
2.1. When Transit Traffic originated by a third party is routed through a CenturyLink Tandem to
VZW, and the third party is not legally obligated to compensate CenturyLink for the Transit
Service provided in transporting the traffic to VZW as a result of paragraph 999 of the FCC
Order, then VZW will either:
2.1.1. Establish direct interconnection with such third party; or
2.1.2. Pay CenturyLink the Transit charges for such traffic at the Transit rates identified in
the underlying Agreement.
2.2. Transit Service is provided by CenturyLink, as a local and Access Tandem Switch provider to
VZW to enable the completion of calls originated by or terminated to end users of another
Telecommunications Carrier which is connected to CenturyLink's Switches.
2.3. The originating company is responsible for payment of appropriate rates to the transit
company and to the terminating company. The Parties agree that they have an obligation, and
will use all reasonable efforts, to enter into traffic exchange agreements with third party
Telecommunications Carriers prior to delivering traffic to be transited to third party
Telecommunications Carriers. In the event one Party originates traffic that transits the second
Party's network to reach a third party Telecommunications Carrier with whom the originating
Party does not have a traffic exchange agreement, then the originating Party will indemnify,
defend and hold harmless the second Party against any and all charges levied by such third
party Telecommunications Carrier, including any termination charges related to such traffic
and any reasonable attorneys fees and expenses.
3.Reservation of Rights. Notwithstanding anything in this Amendment or in the Agreement to the
contrary, and notwithstanding the execution of this Amendment by the Parties, if as a result of any
decision, order, reconsideration or determination of any judicial or regulatory authority with
competent jurisdiction, any provisions in the FCC Order are stayed, revised, modified, reversed,
remanded or vacated, then the Parties agree to comply with all requirements of such applicable
effective decision, order, reconsideration or determination.
S
February 13, 2013 / Verizon Wireless / ICC Amendment - ID
Amendment to CDS-100901-0006 4