20120816Application.pdf

CENTURYLINK
S 1600 7th Avenue, Room 1506
Seattle, Washington 98191
[phone]
Facsimile [phone]
Maura E. Peterson
Paralegal
Regulatory Law
RE CE I J L, L TM
20I2AUC 16 AMIO:2 CenturyLink
DAHJ PUBUC
lTt IT -r• n c LI
Via Overnight delivery
August 15, 2012
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. O WE -T l 019
Application for Approval of Interconnection Agreement
Access Point, Inc.
Dear Ms. Jewell:
Enclosed for filing is an original and three copies of the Application for Approval of an
Interconnection Agreement between Centurylink and Access Point, Inc. 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
MEP:ldj
cc: Service list
.

www.centurylink.com
Lisa A Anderl (WSBA# 13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: [phone]
Facsimile: [phone]
[e-mail]
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF CENTURYLINK FOR I CASE NO.: J tL)0 (O
APPROVAL OF THE
INTERCONNECTION AGREEMENT APPLICATION FOR APPROVAL OF
FOR THE STATE OF IDAHO PURSUANT INTERCONNECTION
TO 47 U.S.C. §252(e)
CenturyTel of Idaho, Inc., CenturyTel of the Gem State, Inc. d/b/a CenturyLink
("CenturyLink") hereby files this Application for Approval of Interconnection Agreement
("Agreement"). The Agreement with Access Point, Inc. ("Access Point") is submitted herewith.
This Agreement 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 agreement
reached through voluntary negotiations only if the Commission finds that: the agreement (or
portion(s) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an agreement (or portion) is not consistent with the
public interest, convenience and necessity.
CenturyLink respectfully submits that this Agreement provides no basis for either of
these findings, and, therefore requests that the Commission approve this Agreement
expeditiously. This Agreement 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
0 Federal Communications Commission. Expeditious approval of this Agreement will enable
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT -
ACCESS POINT, INC.
• Access Point to interconnect with CenturyLink facilities and to provide customers with increased
choices among local telecommunications services.
CenturyLink further requests that the Commission approve this Agreement without a
hearing. Because this Agreement 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 I -, day of August, 2012.
CENTURYL
usae
Attorney for CenturyLink
.
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT -
ACCESS POINT, INC.
CERTIFICATE OF SERVICE
I hereby certify that on this -L5 day of August, 2012, I served the foregoing
APPLICATION FOR APPROVAL OF 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
[e-mail]
Access Point Hand Delivery
Richard E. Brown, CEO X U. S. Mail
1100 Crescent Green, Suite 109 Overnight Delivery
Cary, NC 27518 Facsimile
Email
Leslie Johnso
APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT -
ACCESS POINT, INC.
0
DouSign Envelope ID: 72B558BE-1804-406A-A59B-3434B03CF2D7
C
VA i 7V CenturyLinktM
RESALE AGREEMENT
FOR THE STATE OF IDAHO
BETWEEN
ACCESS POINT, INC.
AND
CENTURYTEL OF IDAHO, INC DBA CENTURYLINK;
CENTURYTEL OF THE GEM STATE, INC DBA CENTURYLINK
EXPIRATION: FEBRUARY 3,2014
.
CenturyLink -Access Point
Resale Agreement: Idaho Page 1 of 4
DocuSign Envelope ID: 72B558BE-1804-406A-A59B-3434B03CF2D7
RESALE AGREEMENT 0
This Resale Agreement ("Agreement") is entered into by and between Access Point, Inc.,
("CLEC"), a North Carolina corporation, and CenturyTel of Idaho, Inc., dba CenturyLink ; CenturyTel of
the Gem State, Inc., dba CenturyLink ("CenturyLink") (collectively referred to herein as "CenturyLink"
without diminishing or affecting the separate and distinct legal entity status of each CenturyLink ILEC
operating company), Idaho corporations, which are collectively referred to herein as "the Parties", to
establish the rates, terms and conditions for local interconnection and the exchange of Local traffic for the
state of Idaho.
NOW THEREFORE, the Parties agree as follows:
1.ADOPTED AGREEMENT
1.1 This Agreement between the Parties shall consist of the Resale Agreement for the state
of Idaho entered into by and between QuantumShift Communications, Inc., and
CenturyTel of Idaho, LLC, dba CenturyLink and CenturyTel of the Gem State, Inc., dba
CenturyLink, dated February 3, 2012, as filed with the Idaho Public Utilities Commission
("Adopted Agreement").
1.2 This Agreement is made a part of and incorporates the terms and conditions of the
Adopted Agreement.
1.3 Except as set forth herein, the Adopted Agreement remains unchanged and in full force
and effect. In the event of a conflict between the terms of the Adopted Agreement and
this Agreement, this Agreement will control.
1.4 Unless otherwise stated differently in the Agreement, all CenturyLink obligations are
CenturyLink ILEC operating company-specific obligations and are not obligations that are
jointly-provided or otherwise shared between the listed operating companies as a
collective entity. 0
1.5 This Agreement shall supersede and replace in full any and all prior agreements, written
and oral, between CLEC and CenturyLink pertaining to the subject matter hereof,
applicable to the state of Idaho.
2.PARTIES
For the purposes of this Agreement, CLEC is hereby substituted in the Adopted
Agreement for QuantumShift Communications, Inc., and CenturyLink shall remain as the
other Party to the Adopted Agreement.
3.PROVISIONS
3.1 The Terms of the QuantumShift Communications, Inc.'s Agreement are being adopted by
CLEC pursuant to its statutory rights under Section 252(i). CenturyLink does not provide
these Terms to CLEC as either a voluntary or negotiated agreement. The filing and
performance by CenturyLink of the Terms does not in any way constitute a waiver by
CenturyLink of any position as to the Terms or a portion thereof, nor does it constitute a
waiver by CenturyLink of all rights and remedies it may have to seek review of the Terms,
or to seek review in any way of any provisions included in these Terms as a result of
CLEC's 252(i) election.
3.2 The Terms shall be subject to any and all applicable laws, rules, or regulations that
subsequently may be prescribed by any federal, state or local governmental authority.
To the extent required by any such subsequently prescribed law, rule, or regulation, the
Parties agree to modify, in writing, the affected term(s) and condition(s) of this Agreement
to bring them into compliance with such law, rule, or regulation.
S
CenturyLink -Access Point
Resale Agreement: Idaho Page 2 of 4
DocuSign Ei'veIope ID: 72B558BE-1804-406A-A59B-3434B03CF2D7
0 3.3 CenturyLink reserves the right to deny to CLEC any obligation under or application of the
adopted Terms, in whole or in part, at any time:
(a)when the costs of providing the Terms to CLEC are greater than the costs of
providing it to the original signatory carrier;
(b)if the provision of the Terms to CLEC are not technically feasible; and/or to the
extent CLEC already has an existing interconnection agreement (or existing
252(i) adoption) with CenturyLink and the Terms were approved before the date
of approval of the existing interconnection agreement (or the effective date of the
existing 252(i) adoption).
3.4 Should any such condition occur, CenturyLink will notify CLEC in writing and CenturyLink
and CLEC agree to work towards any mutually agreeable alternative or resolution.
3.5 Should CLEC attempt to apply the adopted Terms in a manner that conflicts with the
provisions set forth herein, CenturyLink reserves its rights to seek appropriate legal
and/or equitable relief.
4.EFFECTIVE DATE AND TERM
4.1 This Agreement will be effective only upon execution by both Parties unless prior
Commission approval is required, in which case this Agreement shall be effective upon
Commission approval; except that the initiation of a new account, any new provision of
service or obligation or any revision to currently existing services or obligations shall not
take effect for 60 days to accommodate required initial processes. Unless delayed by
Commission action, the "Effective Date" of this Agreement for all purposes will be the
latest date reflected by the signing Parties.
4.2 This Agreement shall be effective to and through February 3, 2014, and, unless cancelled
• or terminated earlier in accordance with the terms hereof. If neither Party elects to
terminate this Agreement as of the date of termination of the Term, this Agreement shall
continue in force and effect on a month-to-month basis (each one-month period
constituting a "Follow-on Term") unless and until cancelled or terminated as provided in
this Agreement.
5.NOTICES
Except as otherwise provided, all notices and communication hereunder will be deemed
to have been duly given when made in writing and delivered in person or deposited in the
U.S. mail, certified, postage paid, return receipt requested, and addressed as follows:
Access Point: CenturyLink
Richard E. Brown, CEO Director Wholesale Contracts
1100 Crescent Green, Suite 109 930 15th Street 6th Floor Denver, CO 80202
Cary, NC 27518 Email: intagreeãcenturvVnk.com
Phone: [phone] Phone: [phone]
Email:[e-mail]
With copy to
CenturyLink Law Department
Associate General Counsel, Interconnection
1801 California Street, 9th Floor
Denver, CO 80202
Email: Leoal. Interconnection(ãcenturvlink.com
Phone: [phone]
CenturyLink -Access Point
Resale Agreement: Idaho Page 3 of 4
DocuSign Envelope ID: 72B558BE-1 804-406A-A59B-3434B03CF2D7
IN WITNESS WHEREOF, Access Point, Inc., and CenturyLink have caused this Agreement to be
executed by their respective duly authorized representatives.
CENTURYTEL OF IDAHO, LLC DBA
ACCESS POINT, INC. CENTURYLINK
CENTURYTEL OF THE GEM STATE, INC.,
DBA CENTURYLINK
DocuSigned by: 05E9FC688D57484...
2OD-12MSC1119..
Signature
By. LI signature
Richard E. Brown L. T. Christensen
Printed Name Printed Name
CEO Director -Wholesale Contracts
Title Title
7/13/2012 7/16/2012
Date Date
I
•i
CenturyLink -Access Point
Resale Agreement: Idaho Page 4 of 4