20150206Amendment.pdf

CENTURYLINK
1600 7th Avenue, Room 1506
Seattle, Washington 98191
(206) 73$5178
Maura E. Reynolds
Paralegal
Regulatory Law
February 5,2015
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?tr 7r rV CenturyLink'
Via Overnight delivery
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W est Washington Street
P.O. Box 83720
Boise, Idaho 83720-007 4
Re: Case No.: USW-T-00-18
Application for Approval of Amendment to
Interconnection Agreement
Dear Ms. Jewell:
Enclosed for filing are an original and two (2) copies of the Name Change and ICC Bill and
Keep Amendment to the Interconnection Agreement between Qwest Corporation dba
Centurylink QC and New Cingular Wireless PCS, LLC (fka Edge Wireless LLC) 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, a)
W\o/*^K*bs
Maura E. Reynolds!
MER/jga
Enclosure
cc: Service List
Lisa A. Anderl (WSBA#I3236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: (206) 3 43 -4040
lisa. anderl@centurylink. com
BEFORE THE IDAIIO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION dba CENTURYLINK QC
FOR APPROVAL OF AN AMENDMENT I APPLICATION FOR APPROVAL OF
TO INTERCONNECTION AGREEMENT I AMENDMENT TO INTERCONNECTION
wlTrr NEW CINGULAR WIRELESS PCS, I AGREEMENT
LLC (fka EDGE WIRELESS LLC)
PURSUAIIT TO 47 U.s.C. $2s2(e)
Qwest Corporation dba CenturyLink QC hereby files this Application for Approval of
Amendment to the Interconnection Agreernent ("Amendment") which was approved by the
Idaho Public Utilities Commission on August25,2000 (the "Agreement"). The Amendment
with New Cingular Wireless PCS, LLC ('New Cingular") 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 mayreject 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.
APPLICATIoN FoR APPRoVAL OF AMENDMENT To INTERCo}.TNECTIoN AGREEMENT
Nrw CnrcureR Wnuess PCS, LLC -
CASE NO.: USW-T-00-18
Page I
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 New
Cingular 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 5th day of Febil&ry, 2015.
Attomey for Qwest Corporation dba
CenturyLink QC
APPLICATIoN FoR APPROvAL OF AMENDMENT TO INTERCoNNEcTIoN AGREEMENT
NEw Ctr..IGULAR WR,ELESS PCS, LLC _
CENTT]RYLINK
../ ./ t \- / i .d,luA
Page2
CERTIFICATE OF SERYICE
I hereby certiff that on this 5ff day of February, 2Ol5,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
47 2 W est Washington Sheet
P.O. Box 83720
Boise, Idaho 83720-0074
ij ewell@ouc. state.id.us
David Handal
Director Financial Analysis
New Cingular Wireless PCS, LLC
7537 rc6th AvenueNE
Redmond, Washington 98052
Hand Delivery
U. S. MailXX Overnight Delivery
Facsimile
Email
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
xx
APPLICATIoN FoR APPRoVAL oF AMENDMENT To INTERCoNNECTIoN AGREEMENT
NEW CINGULAR Wm,ELESS PCS, LLC _Page3
DocuSign Envelope lD: ASCDCD0A-8863-4BD1-87A9-357 A72572EC9
Name Change and lCC Bill and Keep Amendment
to the lnterconnection Agreement between
Qwest Corporation dba CenturyLink QC
and
New Cingular Wireless PCS, LLC
(fka Edge Wireless LLC)
for the State of ldaho
This Amendment ("Amendment") is to the lnterconnection Agreement between Qwest
Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and New Cingular
Wireless PCS, LLC and its Commercial Mobile Radio Service affiliates, d/b/a ATT Mobility (fka
Edge Wireless LLC) forthe State of ldaho ('WSP') (collectively, the "Parties").
RECITALS
WHEREAS, the Parties entered into an lnterconnection Agreement, for service in the State of
ldaho, that was approved by the Commission; and
WHEREAS, New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service
affiliates, d/b/a AT&T Mobility are the successors in interest to Edge Wireless LLC (fka NewCom
Wireless LLC); and
WHEREAS, the Federal Communications Commission in Docket No.01-92,ln the Matterof
Developing an Unified lntercarier 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 1212912011 ("FCC Order" or "Order""); and
WHEREAS, WSP 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 the following name change, terms and conditions,
and rates as set forth in Attachment 1 and Exhibit A attached hereto and incorporated herein by
this reference and supersedes any conflicting language around Reciprocal Compensation for
usage in Part (B) 2 of the Agreement;
The Agreement is amended to reflect the name change from Edge Wireless LLC (fka NewCom
Wireless LLC) to New Cingular Wireless PCS, LLC.
January 29,2O1511m-K1c/New Cingular/Bill and Keep & Name Change Amd-lD
Amendment to CDS-000502-O062
Docusign Envelope I D : A8C DC D0A-B863-4BD 1 -87A9 -357 A7 257 2ECg
By signature on this Amendment, WSP has elected to modify existing contract terms in order to
implement the applicable provisions of the above mentioned Order.
Effective Date
On November 21, 2014, WSP requested to negotiate changes to its Agreement due to changes
in law affecting reciprocal compensation. The Parties agree to implement the provisions of this
Amendment effective November 21, 2014.
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 Aqreement
Other than the publicly filed Agreement and its Amendments, CenturyLink and WSP 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.
New Cingular Wireless PCS, LLC,
and its Commercial Mobile Radio
Service affiliates, d/b/a AT&T Mobility
Qwest Corporation dba CenturyLink QC
06EgFC6SBD67'lfa...y' f Ch"dr^a"*"
Signature
David HandalW
Director Financial Analvsis
Title
L/29/20Ls
Signature
L. T. Christensen
Name Printed/Typed
Director - Wholesale Contracts
Title
L/30/20L5
Date Date
January 29,2015llm-gc/New Cingular/Bill and Keep & Name Change Amd-lD
Amendment to C DS-000502-0062
l)*;L kotnl"L
DocuSign Envelope lD: ASCDCD0A-B863-48D1-87A9-357A72572ECg
Aftachment 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 S51.701(b) that is originated or terminated as wireless traffic by WSP's end
user.
1.3 All other terms not otherwise defined in this Amendment are as defined in the lCA.
2. lntercarrier Compensation.
2.1 Bill and Keep shall apply to the exchange of Non-Access Telecommunications
Traffic, solely when such traffic terminates to the End User Customers of one of the
Parties. This compensation arrangement shall supersede any previous usage-
based terminating charges for End Office Call Termination, Tandem Switched
Transport, Tandem Transmission charges and/or FCC - lSP Rate Caps listed in
Exhibit A of the lCA.
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 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.
WSP 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. ln the event WSP 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.
Tandem Management.
4.1 When Transit Traffic originated by a third party is routed through a CenturyLink
Tandem to WSP, and the third party is not legally obligated to compensate
CenturyLink for the Transit Service provided in transporting the traffic to WSP as a
result of paragraph 999 of the FCC Order, then WSP will either:
4.1.1. Establish direct interconnection with such third party; or
January 29,2015llm-l<1c/New Cingular/Bill and Keep & Name Change Amd-lD
Amendment to CDS-0005O2-OO62
3.
4.
DocuSign Envelope lD: ASCDCD0A-8863-4BD1-87A9-357 A72572ECS
4.1.2. Pay the Transit charges for such traffic.
4.2 Transit Service is provided by CenturyLink, as a local and Access Tandem Switch
provider to the WSP to enable the completion of calls originated by or terminated to
end users of another Telecommunications Carrier which is connected to
CenturyLink's Switches.
4.3 The originating company is responsible for payment of appropriate rates to the
transit company and to the terminating company. The Parties agree to enter into
traffic exchange agreements with third party Telecommunications Carriers prior to
delivering traffic to be transited to third par$ Telecommunications Carriers. ln 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 attorneys fees and expenses.
5. 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,
CenturyLink reserves the absolute right to charge and collect any compensation that it
would otherwise have been entitled to in the absence of the FCC Order or this Amendment,
and this Amendment shall immediately become void ab initio, it the application of the Bill
and Keep compensation framework within the FCC Order is in any way stayed or modified
or subsequently determined by the FCC or a court of competent jurisdiction to be
discriminatory, unfair, or otherwise improper, unlawful, unenforceable, without adequate
legal support or inapplicable.
January 29,201511m-l<ldNew Cingular/Bill and Keep & Name Change Amd-lD
Amendment to C DS-0005 02-0062
DocuSign Envelope I D : A8C DCD0A-8863-4BD 1 -87A9 -357 A7 257 2ECg
Edge Wireless LLC (tka Newcom Wireless LLC)
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October 2, 2007 Pags 1 of 2
Docusign Envelope lD: A8CDCD0A-8863-4BDl -87 A9-357 A72572EC9
Edge Wireless LLC (fka NewCom Wireless LLC)
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