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HomeMy WebLinkAbout20111004Amendment.pdf. . . CENTURYLINK 1600 7th Avenue, Room 1506 Seattle, Washington 98191 (206) 345.1041Facsimile (206) 343-4040 Maura E. Peterson Paralegal Regulatory Law October 3,2011 Q ¡: r t: l\/ r: nIi" t. \J:.. ,; "",.... "~.,, ~~~ C t L- k~~~ en ury in ™231 l OCT -4 AM 9: 43 UTI Via Overnight delivery Jean Jewell, Secretar Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 Re: Case No. QWE-T-ll-06 Application for Approval of Amendment to the Interconnection Agreement Dear Ms. Jewell: Enclosed for fiing with this Commission on behalf of Qwest Corporation d//a CenturyLink is an original and three (3) copies of the Application for Approval of Amendment to the Interconnection Agreement. Century Link 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. assistance in this matter. c~~. MauraE. mep Enclosure cc: Service list Thank you for your www.centurylink.com .Lisa A. Anderl (WSBA# 13236) CenturyLink 1600 7th Ave, Room 1506 Seattle, W A 98191 Telephone: (206) 398-2502 Facsimile: (206) 343-4040 Adam. sherr (f q west.com BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORATION FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. §252(e) CASE NO.: QWE-T-ll-06 APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNCTION AGREEMENT Qwest Corporation d//a CenturyLink ("CenturyLink") hereby files this Application for Approval of Amendment to the Interconnection Agreement ("Amendment"), which was . approved by the Idaho Public Utilities Commission on June 28,2011 (the "Agreement"). The Amendment with Broadvox-CLEC, LLC ("Broadvox") 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 Commssion may reject an amendment reached through voluntary negotiations only if the Commission finds that: the amendment (or portiones) 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 Commssion. Expeditious approval of this Amendment will enable Broadvox. APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNCTION AGREEMENT - Page 1 BROADVOX-CLEC, LLC SPOP IN THE LATA AMENDMENT . . . to interconnect with CenturyLink facilities and to provide customers with increased choices among local telecommunications services. CenturyLink further requests that the Commssion approve this Amendment without a hearng. Because this Amendment was reached through voluntary negotiations, it does not raise issues requiring a hearing and does not concern other paries not a party to the negotiations. Expeditious approval would further the public interest. ."t..SO Respectfully submitted this .. day of October, 2011. t~: Lisa A. Ande Attorney for Qwest APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 BROADVOX-CLEC, LLC SPOP IN THE LATA AMNDMENT . CERTIFICATE OF SERVICE I hereby certify that on this j (\) day of October, 2011, I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT upon all paries of record in this matter as follows: Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 ¡¡ewell Cfpuc.state.id.us Hand Deli very U. S. Mail -- Overnight Delivery Facsimile Email Kyle V. Bertrand Broadvox-CLEC, LLC 1228 Euclid Avenue Suite 390 Cleveland OH 44115 Hand Deli very U. S. Mail -- Overnight Delivery Facsimile Email .V\~-. Leslie Johnson, Legal Assistant . APPLICATION FOR APPROVAL OF AMNDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 BROADVOX-CLEC, LLC SPOP IN THE LATA AMNDMENT Oocl,Sign Envelope 10: F5AC8AA8-3AA-46CE-B96A-39205C680E5E .Single Point of Presence ("SPOP") in the LATA Amendment to the Interconnection Agreement between Qwest Corporation and Broadvox-CLEC, LLC for the State of Idaho This Amendment ("Amendment") is made and entered into by and between Qwest Corporation ("Qwest"), a Colorado corporation, and Broadvox-CLEC, LLC ("CLEC"), incorporated in the State of Ohio. Qwest and CLEC shall be known jointly as the "Parties". RECITALS WHEREAS, the Parties entered into an Interconnection Agreement ("Agreement"), for service in the State of Idaho, that is currently pending Commission approval; and WHEREAS, the Parties agree to amend the Agreement by adding 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 This Amendment is made in order to add terms, and conditions for Single Point of Presence ("SPOP") in the LATA, as set forth in Attachment 1 and Attachment 2, attached hereto and incorporated herein. Neither Part shall lose any of its rights from the original contract by entering into this Amendment for SPOP. Effective Date This Amendment shall be deemed effective upon the Commission approval; however, the Parties may agree to implement the provisions of this Amendment upon execution. Further Amendments . Amendments; Waivers. The provisions of this Agreement, including the provisions of this sentence, may not be amended, modified or supplemented, and waivers or consents to departures from the provisions of this Agreement may not be given without the written consent thereto by both Parties' authorized representative. No waiver by any part 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. August 1, 2011/mms/BroadvoxlSPOP/ID Amendment to CDS-110420-0004 (v10-12-09) OocuSign Envelope 10: F5AC8A8-3AA-46CE-B96A-39205C680E5E Entire Agreement This Agreement (including the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subjects of this Agreement and supersedes any prior understandings, agreements, or representations by or between the Parties, wrtten or oral, to the extent they relate in any way to the subjects of this Agreement. 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. Broadvox-CLEC, LLC Qwest Corporation r-DDCU¡Orid by L'i~:EA~::~ Authorized Signature L205E9FC68BD57454"':J J.r~~ DocuSigned By: L T Christensen Authorized Signature Kyle V. Bertrand Name PrintedITyped Vice President - Network Operations Title L. T. Christensen Name PrintedITyped Director - Wholesale Contracts Title 8/12/2011 8/12/2011 Date Date August 1, 2011/mms/BroadvoxlSPOP/ID Amendment to CDS-110420-0004 (v10-12-09) ~ , ;o . . . 2 OocySign Envelope 10: F5AC8AA8-3AA-46CE-B96A-39205C680E5E . . . ATTACHMENT 1 Single Point of Presence (SPOP) in the LATA is a Local Interconnection Service (LIS) Interconnection trunking option that allows CLEC to establish one physical point of presence in the LATA in Qwests territory. Qwest and CLEC may then exchange traffic at the CLEC's SPOP utilizing trunking as described in Section 1: 1.1 By utilzing SPOP in the LATA, CLEC can deliver both Exchange Access/lntraLA TA LEC Toll and Jointly Provided Switched Access traffic and Exchange Service EAS/Local traffc at Qwests Access Tandem Switches. CLEC can also utilze Qwests behind the tandem infrastructure to terminate traffic to specific end offices. The SPOP is defined as the CLEC's physical point of presence. This allows for a trunk group from CLEC's POI in one Local Callng Area (LCA) to be ordered to any Qwest local tandem or end offce in another LCA which is otherwise not available, absent this amendment. 1.2 SPOP in the LATA includes an Entrance Facilty (EF), Expanded Interconnect Channel Termination (EICT), or Mid Span Meet POI and Direct Trunked Transport (DTT) options available at both a DS1 and DS3 capacity. 1.3 Where CLEC intends to send calls through a Qwest tandem to a subtending end offce, the following conditions apply: 1.3.1 CLEC may interconnect at either the Qwest local Tandem Switch or the Qwest Access Tandem Switch for the delivery of Exchange Service (EAS/local) traffc. WhenCLEC is interconnected at the Access Tandem Switch and where there would be a DS1's worth of Exchange Service (EAS/local) traffic (512 BHCCS) between CLEC's Switch and those Qwest End Office Switches subtending a Qwest local Tandem Switch, CLEC will order a direct trunk group to the Qwest local Tandem Switch. 1.3.2 Qwest will allow Interconnection for the exchange of Exchange Service (EAS/local) traffc at Qwests Access Tandem Switch without requiring Interconnection atthe local Tandem Switch, at least in those circumstances when traffic volumes do not justify direct connection to the local Tandem Switch; and regardless of whether capacity at the Access Tandem Switch is exhausted or forecasted to exhaust. 1.4 CLEC wil provide notification to all Co-Providers in the local calling areas of CLEC's change in routing when the CLEC chooses to route its traffc in accordance with Qwests SPOP interconnection trunking. 1.5 Ordering 1.5.1 Prior to ordering, Qwest and CLEC wil work together to review CLEC's network configuration in order to ensure correct and complete ASR ordering. 1.5.2 SPOP in a LATA wil be ordered based upon the standard ordering process for the type of facilty chosen. 1.5.3 CLEC wil issue ASRs to convert existing access tandem trunk groups to SPOP trunk groups. August 1, 2011/mms/BroadvoxlSPOP/ID Amendment to CDS-110420-o004 (v10-12-09) 3 OocuSign Envelope 10: F5AC8AA8-3AA-46CE-B96A-39205C680E5E 1.5.4 In addition, the ASR ordering SPOP trunks wil include SPOP Remarks . "Single POP in LATA" and the SPEC Field must be filed out with the appropriate code. . . August 1, 2011/mms/BroadvoxlSPOP/ID Amendment to CDS-110420-0004 (v10-12-09) 4 Ooc~igi Iivelope 10: F5AC8AA8-3AA-46CE-B96A-39205C680E5E . . . ATTACHMENT 2 SINGLE POINT OF PRESENCE WAIVER Qwest wil waive the requirement for CLEC to connect to each Qwest Access Tandem in the LATA with this waiver. CLEC certifies: That it will not originate any traffic destined for subtending offices of Qwests Access Tandems for which CLEC seeks a waiver or, if CLEC does originate such traffc, that CLEC will route such traffic to a Non-Qwest network; and CLEC certifies that it has no end users in the serving area of the Qwest Access Tandem for which CLEC seeks a waiver. CLEC wil send an electronic letter to Qwest indicating the Qwest access tandems subject to this waiver at the time of ordering trunks required to implement SPOP in the LATA. In addition, CLEC wil provide a revised electronic letter to Qwest advising of any changes in the network configuration of the aforementioned access tandems. Should CLEC desire to begin serving end users in the serving area of a Qwest access tandem currently under this waiver, CLEC must first establish trunking to the appropriate Qwest access tandem. Additionally, should CLEC desire to originate traffic destined to a Qwest end offce subtending a Qwest access tandem currently under this waiver, CLEC must first establish trunking to the appropriate Qwest access tandem. Should this traffic occur, the Parties agree to meet within forty-five (45) Days of Qwests identification of such misrouted traffic to discuss methods for avoiding future misrouting on that trunk group or groups, CLEC wil then have thirty (30) Days from the date of meeting to correct such misrouting on that trunk group or groups. If further misrouting occurs or continues after that date on the same trunk group or groups as the onginal misrouting identified, the Parties agree to meet again within thirt (30) Days of Qwests identification of such misrouted traffic to discuss methods for avoiding future misrouting on that trunk group or groups. CLEC wil then have thirty (30) Days from the date of meeting to correct such misrouting. If further misrouting occurs or continues after that date on the same trunk group or groups, Qwest will consider this waiver null and void and all requirements in Attachment 1 or in the existing Agreement currently in effect between the Parties wil be reinstated. If the Parties disagree about whether the traffic identified by Qwest was actually misrouted, the Parties agree to avail themselves of the dispute resolution provision of their Agreement. August 1, 2011/mms/BroadvoxlSPOP/ID Amendment to CDS-110420-0004 (v10-12-09) 5