20121220Amendment.pdf

CenturyLink S 1600 7th Avenue, Room 1506
Seattle, Washington 98191
[phone]
Facsimile [phone]
Maura E. Peterson
Paralegal
Regulatory Law
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Via Overnight delivery
December 19, 2012
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-12-09
Application for Approval of Amendment to the Interconnection Agreement
0 Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation dlb/a CenturyLink
QC is an original and three (3) copies of the Application for Approval of Amendment to the
Interconnection Agreement in the above-referenced docket. 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 thismatter.
Sincerly,
Maura E. PetersPj
mep
Enclosure
cc: Service list
.

www.centurylInk.com
S 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 QWEST
CORPORATION dlb/a CENTURYLINK
QC FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. §252(e)
CASE NO.: QWE-T-12-09
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
0
i•
Qwest Corporation cl/b/a CenturyLink QC ("CenturyLink") hereby files this Application
for Approval of Amendment to the Interconnection Agreement ("Amendment") which was filed
with the Idaho Public Utilities Commission on November 28, 2012 (the "Agreement"). The
Amendment with Custer Telephone Broadband Services, LLC ("Custer Telephone") 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 Custer
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
• Telephone 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 LL day of December, 2012.
Lisa A. Ander
Attorney for Qwest
.
.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
K~- CERTIFICATE OF SERVICE
I hereby certify that on this - day of December, 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 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]
Dennis L. Thornock Hand Delivery
Custer Telephone X• U. S. Mail
1101 E Main Avenue Overnight Delivery
Challis, ID 83226 Facsimile
.
VL
Leslie Johnson
CenturyLink
1 0
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
DocuSign Envelope ID: 5B8EAD3F-5598-41 31-B049-63ED5DF2C7F5
Mid-Span Meet P01 Amendment 0 to the Interconnection Agreement between
Qwest Corporation dba CenturyLink QC
and
Custer Telephone Broadband Services, LLC
for the State of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between
Qwest Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and
Custer Telephone Broadband Services, LLC ("CLEC"), an Idaho limited liability company,
(collectively, 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, CLEC's affiliate, Custer Telephone Cooperative, Inc., is an ILEC operating outside
of CenturyLink's service territory, and CenturyLink and Custer Telephone Cooperative, Inc.
have jointly provisioned a facility between them which is used for the exchange of traffic
between CenturyLink and Custer Telephone Cooperative, Inc., and CenturyLink and CLEC wish
to use that facility for the separate exchange of traffic between CenturyLink and CLEC; and
WHEREAS, the Parties agree to amend the Agreement under 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 and conditions for Mid-Span Meet P01, as
set forth in Attachment 1, attached hereto and incorporated herein.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission; however, the
Parties may agree to implement the provisions of this Amendment upon execution. To
accommodate this need, CLEC must generate, if necessary, an updated Customer
Questionnaire. In addition to the Questionnaire, all system updates will need to be completed
by CenturyLink. CLEC will be notified when all system changes have been made. Actual order
processing may begin once these requirements have been met. Additionally, CenturyLink shall
implement any necessary billing changes within two (2) billing cycles after the latest execution
date of this Amendment, with a true-up back to the latest execution date of this Amendment by
the end of the second billing cycle. The Parties agree that so long as CenturyLink implements
the billing changes and the true-up as set forth above, the CLEC's bills shall be deemed
accurate and adjusted without error.
.
December 13, 201 2lmmslCuster Telephone Broadband Services/ID/Mid-Span Meet P01
Amendment to cDS-121029-0001 Page 1 of 3
DocuSign Envelope ID: 5B8EAD3F-5598-41 31 -B049-63ED5DF2C7F5
Further Amendments
Except as modified herein, the provisions of the Agreement shall remain in full force and effect.
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, 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.
Entire Agreement
The Agreement as amended (including the documents referred to herein) constitutes the full
and entire understanding and agreement between the Parties with regard to the subjects of the
Agreement as amended and supersedes any prior understandings, agreements, or
representations by or between the Parties, written or oral, to the extent they relate in any way to
the subjects of the Agreement as amended.
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.
Custer Telephone Broadband Services, LLC Qwest Corporation dba CenturyLink QC
EDocuSigned by
[DocuSigned
O5E9FC6aBD57454...
E1024CO... By: L T Chrstansen
Signature Signature
Dennis L. Thornock L.T. Christensen
Name Printed/Typed Name Printed/Typed
President Director -Wholesale Contracts
Title Title
12/13/2012 12/13/2012
Date Date
C
C
S
December 13, 201 2/mms/custer Telephone Broadband Services/ID/Mid-Span Meet P01
Amendment to cDs-121029-0001 Page 2 of 3
DocuSign Envelope ID: 5B8EAD3F-5598-4131-B049-63ED50F2C7F5
ATTACHMENT I
ATTACHMENT I
Mid-Span Meet P01
CenturyLink and CLEC's affiliated ILEC have previously exchanged traffic using facilities
established for the exchange of traffic between CenturyLink and CLEC's affiliated ILEC
operation. In order to efficiently use the Parties' network facilities, the existing ILEC facility will
be treated as a "Mid-Span Meet P01" point of interconnection, as defined below. CLEC will
provision separate trunks on the existing facility for its non-ILEC traffic and represents and
warrants that it will not use any trunks over the existing facility established for use in its ILEC
operations for any traffic that is governed by this Agreement. Should either Party wish to alter
the arrangements or establish new facilities, the Parties will negotiate he new facilities
arrangement(s) which would be used to interconnect the networks.
Mid-SDan Meet P01
A Mid-Span Meet P01 is a negotiated Point of Interface, limited to the Interconnection of
facilities between the CenturyLink Serving Wire Center location and the location of the CLEC
switch or other equipment located within the area served by the CenturyLink Serving Wire
Center. The Parties will use the existing facilities in place between CLEC's affiliated ILEC and
CenturyLink, establishing a Mid-Span Meet P01 within CenturyLink's franchised service territory
over which CLEC will establish its LIS trunking. For any additional Mid-Span Meet POls that
CLEC may request, the actual physical Point of Interface and facilities used will be subject to
negotiations between the Parties. Each Party will be responsible for its portion of the build to
the Mid-Span Meet P01. CLEC may not use remaining capability in an existing Mid-Span Meet
P01 to gain access to Unbundled Network Elements. These Mid-Span Meet POls will consist of
facilities used for the exchange of traffic and joint provisioning of Telecommunications Services
to End User Customers and other Telecommunications Carriers.
December 13, 201 2lmmslCuster Telephone Broadband Services/ID/Mid-Span Meet P01
Amendment to CDS-1 21029-0001 Page 3 of 3