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Home My WebLink About20030425Amendment.pdfMary S. Hobson (ISB# 2142) Stoel Rives LLP 101 South Capitol Boulevard - Suite 1900 Boise, ill 83702 Telephone: (208) 389-9000 Facsimile: (208) 389-9040 003 p.PR 2.4 PM 4: \ 4 . ., - "':;'" ." ' ).j r ID . UTILYflES cm1H\SSIOH RECEIVED ':" I . Jim Naumann United States Cellular Mobile Telephone Network 8410 West Bym Mawr Avenue - Suite 700 Chicago, IL 60631-3486 Telephone: (773) 399-7070 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION JOINT APPLICATION OF QWEST CORPORATION fka US WEST COMMUNICATIONS, INC. AND UNITED STATES CELLULAR MOBILE TELEPHONE NETWORK FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 US.C. ~252(e) CASE NO.: USW-97- APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT Qwest Corporation fka U S West Communications, Inc. ("Qwest") and United States Cellular Mobile Telephone Network ("US Cellular ) hereby jointly file this Application for Approval of Amendment to the Interconnection Agreement ("Amendment"), which was approved by the Idaho Public Utilities Commission on May 19, 1997 (the "Agreement"). A copy of the Amendment 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 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. APPLICA nON FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1 Boise-156019.10029164-00016 US Cellular and Qwest respectfully submit this Amendment provides no basis for either of these findings, and, therefore jointly request 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 US Cellular to interconnect with Qwest facilities and to provide customers with increased choices among local telecommunications services, US Cellular and Qwest further request 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~t( day of April, 2003. Qwest Corporation /~~~ Mary S. bson Stoel Rives LLP, Attorneys for Qwest and Jim Naumann United States Cellular Mobile Telephone Network APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2 Boise-156019.10029164-00016 CERTIFICATE OF SERVICE I hereby certify that on this day of April, 2003 , 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 Boise, Idaho 83720-0074 i i ewell~puc. state.id. Hand Delivery U. S. Mail Overnight Delivery Facsimile Email Jim Naumann United States Cellular Mobile Telephone Network 8410 West Bym Mawr Avenue - Suite 700 Chicago, IL 60631-3486 Hand Delivery U. S. Mail Overnight Delivery Facsimile Email John Love Qwest Communications International Inc. 7800 East Orchard Road - Suite 250 Englewood, CO 80111 Telephone: (303) 793-6617 Hand Delivery U. S. Mail Overnight Delivery Facsimile Email 6uut/; Brandi L. Gearhart, PLS Legal Secretary to Mary S. Hobson Stoel Rives LLP APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3 Boise-156019.10029164-00016 Amendment (Bill & Keep) to the Interconnection Agreement Between United States Cellular Mobile Telephone Network and Qwest Corporation f.a U S WEST Communications, Inc. For the State of Idaho This Amendment ("Amendment") is made and entered into by and between United States Cellular Mobile Telephone Network (WSP) and Qwest Corporation, f.k. U S WEST Communications , Inc. ("Qwest" RECITALS WHEREAS, WSP and Qwest entered into an Interconnection Agreement for service in the state of Idaho that was approved by the Idaho Public Utilities Commission on May 8 1997 (the "Interconnection Agreement"); and WHEREAS, WSP and Qwest desire 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: 1. Amendment Terms. This Amendment is made in order to modify and add terms and conditions to add Bill and Keep, as set forth in Attachment 1 , attached hereto and incorporated herein. Neither Party shall lose any of its rights from the original contract by entering into this Amendment for Bill and Keep. 2. Effective Date. This Amendment shall be deemed effective upon the Idaho State Commission approval, however, the Parties may agree to implement the provisions of this Amendment upon execution. 3. Amendments; Waivers 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 Amendment to DEN-970129-4404 Attachment 1 4.4.Rate Structure -- Local Traffic Section 4.4., Call Termination, is modified by replacing 4.4.1. with the language stated below and by deleting subsections 4.4., 4.4., and 4.4.1.4. 4.4.1. Call Termination 4.4.The Parties agree that, based upon the fact that the traffic exchanged between the parties historically has been roughly balanced, 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. Section 4.4.2. Call Transport, is modified by replacing the section with the following language: 4.4.2. Call Transport 4.4.1 For traffic delivered through a Qwest or a (WSP) tandem Switch , the Parties agree that , based upon the fact that the traffic exchanged between the parties historically has been roughly balanced, 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. Section 4.4, Rate Structure - Local Traffic, is modified by the addition of Section 4.4.4. as stated below: 4.4.4 ISP-bound Traffic 4.4.4.1 The Parties agree that ISP-bound traffic is Interstate traffic and governed by the FCC's Order on Remand and Report and Order (Intercarrier Compensation for ISP-bound Traffic) CC Docket 01-131 (FCC ISP Order), effective June 14, 2001. However, the Parties agree to exchange ISP-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. Reciprocal Compensation Credit The section heading of Section 4., Reciprocal Compensation Credit, is modified as indicated below and the Section is modified by deleting Sections 4.1 and 4., including subsections , 4.2 and 4.3 and replacing them with the following: Reciprocal Compensation Credit - Two-way Dedicated Facilities Amendment to DEN-970129-4404 1. The Reciprocal Compensation Credit for termination of USWC Wireline subscriber calls shall be comprised of two-way dedicated facilities charges as calculated below. 1 The Reciprocal Compensation Credit for two-way dedicated facilities charges shall be based upon the Type 2 channel facilities or two-way network access channels used by both USWC and Carrier to terminate their respective local interconnection subscriber traffic. This shall be calculated by multiplying (1) the sum of the total monthly two-way channel facility or network access channel multiplexer and distance sensitive facilities state specific rates by (2) a factor of 0.18 (eighteen percent) in 1997 and 0.185 (eighteen and one-half percent) in 1998. The Parties agree that the Reciprocal Compensation Credit is intended to apply only to Type 2 interconnection facilities which are actually utilized as two-way facilities, and will not apply to one-way facilities. Unless the Parties agree otherwise in writing, either Party may route traffic to the other utilizing one-way trunks. 2 The total Reciprocal Compensation Credit for the month will appear on each monthly bill to Carrier as a credit against amounts due and payable. Reciprocal Compensation Credits will be applied one month in arrears. Amendment to DEN-970129-4404 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. 4. Entire Agreement This Amendment (including the documents referred to herein) constitutes the full and entire understanding and agreement between the Parties with regard to the subjectsof this Amendment and supersedes any prior understandings , agreements amendments , or representations by or between the Parties, written or oral, to the extent they relate in any way to the subjects of this Amendment. 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. United States Cellular Mobile Telephone Network zed Signature~~3 ~~W Name PrintedlTyped 5 A W" '- tJ~lMJ~ JJZjjt~~ Title -'""' Authorized Signature ---.., L. 1. Christensen Name PrintedlTyped Director - Business Development Title Date Date ~/Il I~ZJ3-IA-O:) Amendment to DEN-970129-4404