20120426Amendment.pdf

CENTURYLINK
1600 7th Avenue, Room 1506
Seattle, Washington 98191
[phone]
Facsimile [phone]
Maura E. Peterson
Paralegal
Regulatory Law
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CenturyLlnkTM
Via Overnight delivery
April 25, 2012
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. USW-T-00-6
Application for Approval of Amendment to the Interconnection Agreement
Progressive Paging, LLC
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation dlb/a Centurylink
is an original and three (3) copies of the Application for Approval of Amendment to the
Interconnection Agreement. 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.
S' cerely,
MauraE.Pet o
mep
Enclosure
cc: Service list
www.centurylink.com
Lisa A. Anderl (WSBA# 13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST CASE NO.: USW-T-00-6
CORPORATION dlb/a CENTURYLINK
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 dlb/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 5, 2000 (the "Agreement"). The
Amendment with Progressive Paging, LLC ("Progressive") 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 Progressive
Paging to interconnect with CenturyLink facilities and to provide customers with increased
choices among paging services.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
PROGRESSIVE PAGING LLC
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 25th day of April, 2012.
Lisa A. And
Attorney for
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
PROGRESSIVE PAGING LLC
CERTIFICATE OF SERVICE
I hereby certify that on this 25th day of April, 2012, 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
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
[e-mail]
Kirby Ortiz
Progressive Paging, Inc.
Hand Delivery
U. S. Mail
X Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
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APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
PROGRESSIVE PAGING LLC
ICC Bill and Keep Amendment
to the Interconnection Agreement between
Qwest Corporation dba CenturyLink QC
and
Progressive Paging LLC
for the state of Idaho
This Amendment ("Amendment") is to the Interconnection Agreement between Qwest
Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and Progressive
Paging LLC ("Paging Provider") (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; and
WHEREAS, the Federal Communications Commission in Docket No. 01-92, In the Matter of
Developing a Unified Intercarrier Compensation Regime, issued an order that affects the Parties
rights and obligations with respect to the exchange of traffic between Paging Provider providers
and LECs effective 12/29/2011 ("FCC Order" or "Order"); and
WHEREAS, CenturyLink has requested to amend the Agreement based on the Commission
FCC 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 I attached hereto and incorporated herein by this reference.
By signature on this Amendment, Paging Provider has elected to modify existing contract terms
in order to implement the applicable provisions of the above mentioned Order.
Effective Date
The Parties agree to implement the provisions of this Amendment effective July 1, 2012.
March 20, 201 2/kjc/Progressive Paging/ICC Bill and Keep Amd-ID
Amendment to CDS 120320-0001
Progressive Paging LLC Qwest Corporation dba CenturyLink QC
1-OocuSiied by
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302011 GO1000400...
Signature
08E917cIID5744..
I L D.;uci0,.d Ay: L T
Signature
Kirby Ortiz
Name Printed/Typed
L. T. Christensen
Name Printed/Typed
General Manager
Title
Director -Wholesale Contracts
Title
4/6/2012
Date
4/9/2012
Date
DocuSign Envelope ID: 03268CBC-9B9F-45EF-B096-B3167C32D3DC
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 Paging Provider
have no agreement or understanding, written or oral, relating to the terms and conditions for
interconnection.
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.
March 20, 201 2/kjc/Progressive Paging/iCC Bill and Keep Amd-ID
Amendment to CDS 120320-0001 2
Attachment I
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.General
1.1. Bill and Keep shall mean the originating Party has no obligation to pay terminating
charges to the terminating Party.
1.2. Non-Access Telecommunications Traffic shall have the meaning set forth in 47 CFR
§51.701(b) that is terminated as one way Land to Mobile (L-M) wireless traffic to
Paging Provider's end users.
1.3. All other terms not otherwise defined in this Amendment are as defined in the ICA.
2.Intercarrier Compensation.
2.1. Bill and Keep shall apply to the exchange of one way L-M Non-Access
Telecommunications Traffic, solely when such traffic terminates to the End User
Customers of Paging Provider. This compensation arrangement shall supersede any
previous language in the ICA and any usage-based terminating charges for End Office
Call Termination listed in Appendix A of the ICA.
2.2. Notwithstanding anything in this Amendment or in the Agreement to the contrary, Bill
and Keep shall not apply to the right of CenturyLink to be compensated for Transit
Traffic that transits a CenturyLink Tandem. Such Transit Traffic shall be at the same
rates that existed prior to this Amendment, and any adjustment to reciprocal
compensation rate element(s) that are assessed by a Party for terminating one way L-
M Non-Access Telecommunications Traffic pursuant to the Order shall not apply for
purposes of calculating the rate(s) to be charged by CenturyLink for providing a Transit
Service.
3.Tandem Management.
3.1. The originating company is responsible for payment of appropriate rates to the transit
company and to the terminating company. However, when Transit Traffic originated
by a third party is routed through a CenturyLink Tandem to Paging Provider, and the
third party is not legally obligated to compensate CenturyLink for the Transit Service
provided in transporting the traffic to Paging Provider as a result of paragraph 999 of
the FCC Order, then Paging Provider will either:
3.1.1. Establish direct interconnection with such third party; or
3.1.2. Pay the Transit charges for such traffic.
3.2. Transit Service is provided by CenturyLink, as a local and Access Tandem Switch
provider to the Paging Provider to enable the completion of calls originated by or
March 20, 201 2/kjc/Progressive Paging/Icc Bill and Keep Amd-ID
Amendment to CDS 120320-0001 3
terminated to end users of another Telecommunications Carrier which is connected to
CenturyLink's Switches.
March 20, 201 2/kjc/Progressive PagingIICC BID and Keep Amd-ID
Amendment to CDS 120320-0001
DocuSign Envelope ID: 03268CBC-9B9F-45EF-B096-B3167C32D3DC
Attachment I
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.General
1.1. Bill and Keep shall mean the originating Party has no obligation to pay terminating
charges to the terminating Party.
1.2. Non-Access Telecommunications Traffic shall have the meaning set forth in 47 CFR
§51.701(b) that is terminated as one way Land to Mobile (L-M) wireless traffic to
Paging Provider's end users.
1.3. All other terms not otherwise defined in this Amendment are as defined in the ICA.
2.Intercarrier Compensation.
2.1. Bill and Keep shall apply to the exchange of one way L-M Non-Access
Telecommunications Traffic, solely when such traffic terminates to the End User
Customers of Paging Provider. This compensation arrangement shall supersede any
previous language in the ICA and any usage-based terminating charges for End Office
Call Termination listed in Appendix A of the ICA.
2.2. Notwithstanding anything in this Amendment or in the Agreement to the contrary, Bill
and Keep shall not apply to the right of CenturyLink to be compensated for Transit
Traffic that transits a CenturyLink Tandem. Such Transit Traffic shall be at the same
rates that existed prior to this Amendment, and any adjustment to reciprocal
compensation rate element(s) that are assessed by a Party for terminating one way L-
M Non-Access Telecommunications Traffic pursuant to the Order shall not apply for
purposes of calculating the rate(s) to be charged by CenturyLink for providing a Transit
Service.
3.Tandem Management.
3.1. The originating company is responsible for payment of appropriate rates to the transit
company and to the terminating company. However, when Transit Traffic originated
by a third party is routed through a CenturyLink Tandem to Paging Provider, and the
third party is not legally obligated to compensate CenturyLink for the Transit Service
provided in transporting the traffic to Paging Provider as a result of paragraph 999 of
the FCC Order, then Paging Provider will either:
3.1.1. Establish direct interconnection with such third party; or
3.1.2. Pay the Transit charges for such traffic.
3.2. Transit Service is provided by CenturyLink, as a local and Access Tandem Switch
provider to the Paging Provider to enable the completion of calls originated by or
March 20, 201 2/kjc/Progressive Paging/ICC Bill and Keep Amd-ID
Amendment to CDS 120320-0001
DocuSign Envelope ID: 03268CBC-9B9F-45EF-B096-B3167C32D3DC
terminated to end users of another Telecommunications Carrier which is connected to
CenturyLink's Switches.
March 20, 201 2/kjc/Progressive Paging/Icc Bill and Keep Amd-ID
Amendment to CIDS 120320-0001