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HomeMy WebLinkAbout20131217Application.pdfCENTURYLINK '1600 7th Avenue, Room 1506 seattl6, washington 98191 (206) 733-51 78 Facsimile (206) 343-4040 Maura E. Peterson Paral69al R€gulatory Law December 16,2013 Jean Jewell, Secretary Idaho Public Utilities Commission 47 2 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-007 4 cfi!l nrn I'i{tll-i ul-.!. I r!,1 lr). l- 1.i-il !i' Li't sI72Tlrv CenturyLink* L -'!i I ,i! ii Re: case No. A, W E-T'B-08 Application for Approval to Adopt lnterconnection Agreement Zayo Group LLCfflrJa 360networks (USA) inc. Dear Ms. Jewell: Enclosed for filing with this Commission on behalf of Qwest Corporation d/b/a CenturyLink QC ("CenturyLink") is an original and three (3) copies of Onvoy, Inc.'s Application for Approval to Adopt Zayo Group l-LC flUa 360networks (USA) inc. Interconnection Agreement. CenturyLink respectfully requests that this matter be placed on the Commission Decision Meeting Agenda for expedited approval. mep Enclosure cc: Service list Via Overnight d.elivery Please contact me assistance in thi www.centu rylink.com Lisa A Anderl (WSBA# 13236) CenturyLink 1600 7th Ave, Room 1506 Seattle, WA 98191 Telephone: (206) 3 45-l 57 4 Facsimile: (206) 343 -4040 Lisa. anderl @ centurylink. com APPLICATION OF QWEST CORPORATION D tB I A CENTURYLINK QC FOR APPROVAL OF THE ADOPTION OF THE ZAYO GROUP,LLC FKA 360networks (USA) inc. INTERCONNECTION AGREEMENT (APPROVED BY THE COMMTSSTON ON MARCH 7,2006 IN DOCKET NO. QWE- T-06.2 FOR THE STATE OF IDAHO PURSUANT TO 47 U.S.C. $252(e) ifllF '.rrn 'I CASE No.: & trrE -T- t 3-P8 APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT INTERCONNECTION AGREEMENT BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION Qwest Corporation dlblaCenlrcylink QC ("CenturyLink") hereby files this Application for Approval of the Interconnection, Resale and/or Unbundling Agrcement ("Agreement). The Agreernent with Onvoy, Inc. ("Onvoy'') 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 APPLICATIoN FoR APPRoVAL oF INTERCoNNECTIoN AcREENaENT _ I ONVOY,INC. expeditiously. This Agreernent 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 Agreement will enable Onvoy 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 Agreonent 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 16 day of December, 2013. Attorney for CenturyLink AppltcatroN FoR AppRovAL oF IurnncoxrrrEcTroN AcnpelanNr - 2 ONVOY,INC. DocuSign Envelope lD: 9836ED92-C69F-4253-A660-EFF71 16F2EE0 ,E"l Fp"L" "-r...;:rwd lw CenturyLink* ADOPTION OF THE INTERCONNECTION AGREEMENT BY ONVOY, INC. ADOPTING THE INTERCONNECTION AGREEMENT BETWEEN QWEST CORPORATION DBA CENTURYLINK QC AND ZAYO GROUP, LLC FOR THE STATE OF IDAHO DocuSign Envelope lD: 9836ED92-C69F-4253-A660-EFF71 1 6F2EE0 Adoption of the lnterconnection Agreement This Adoption of the lnterconnection Agreement ("Agreement") is entered into by and between Qwest Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and Onvoy, lnc. ("CLEC"), a Minnesota corporation, each of which may be referred to herein as "Party", or collectively as the "Parties", to establish the terms, conditions and rates for local interconnection and the exchange of Localtraffic for the State of ldaho. NOW THEREFORE, the Parties agree as follows: 1, ADOPTED AGREEMENT 1.1 This Agreement between the Parties shall consist of the lnterconnection Agreement entered into by and between Qwest Corporation dba Centurylink QC and Zayo Group, LLC (formerly known as "360networks (USA) inc.", pre Merger), approved by the Commission in 2006, for the State of ldaho. 1.2 This Agreement is made a part of and incorporates the terms and conditions of the Adopted Agreement, including all amendments to that Adopted Agreement (the "Terms"). 1.3 Exceptas setforth herein, the Adopted Agreement remains unchanged and in full force and effect. ln the event of a conflict between the Terms of the Adopted Agreement and this Agreement, this Agreement will control. 1.4 The Parties understand and agree that, because CLEC is adopting an agreement between CenturyLink and a current Affiliate of CLEC, the specific traffic percentages and other carrier-specific provisions of the Adopted Agreement also apply to CLEC. However, either Party may request different traffic percentages and other carrier-specific provisions should studies indicate that there are differences between the affiliates. PARTY For the purposes of this Agreement, CLEC is hereby substituted in the Adopted Agreement with Zayo Group, LLC. PROVISIONS 3.1 The Terms of the Zayo Group, LLC Agreement are being adopted in its entirety by CLEC pursuant to CLEC's statutory rights under Section 252(i). 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 any or 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 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 . EFFECTIVE DATE AND TERM 4.1 This Agreement, if an initial Agreement shall become effective on the date of Commission Approval ("Effective Date"); however the Parties may agree to implement the provisions of this Agreement upon execution by both Parties. However, the initiation of a new account, any new provision of service or obligation or any revision to currently existing services or obligations may take up to 60 days to accommodate any required initial processes. 4.2 ln the event that the Parties currently have an existing lnterconnection Agreement, this Agreement shall replace the existing lnterconnection Agreement in its entirety beginning 2. 3. 4. November 1 2, 20 1 3/swd-mms/Onvoy, I nc./C DS- 1 3 1 1 1 2-OOO41 lD Adoption Agreement (v9-1 2-1 3)Page 2 DocuSign Envelope lD: 9836ED92-C69F-4253-A660-EFF71 16F2EEO on the Effective Date. However, nothing relieves the Parties from fulfilling all obligations incurred under that prior lnterconnection Agreement. 4.3 The expiration date of this Agreement shall be the expiration date of the Adopted Agreement, which is listed above, however, notwithstanding the forgoing, the Expiration Date of the Adopted Agreement and this Agreement are extended until March 31,2014 pursuant to the Qwest / CenturyLink merger settlement agreement. NOTICES Except as othenruise 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: To CenturyLink: CenturyLink Director Wholesale Contracts 930 1sth Street, 6th Floor Denver, CO 80202 Phone: 303-672-2879 Email: intaqree@centurvlink.com Docusignad by: Sutt SmT/. CF9066AD3A81405. With Copy to: Centurylink Legal DePartment Wholesale I nterconnection 1801 California Street, 9th Floor Denver, CO 80202 Phone: 303-383-6553 Email: Leqal. lnterconnection@centurvlink.com 6. To CLEC: Mary T. Buley Senior Regulatory & lnterconnection Manager Onvov. lnc. tO3OO'Otn Ave North Plymouth, MN 55441 Phone: 763-230-4183 Email: marv.bulev@onvov.com REGULATORY REQUIREM ENTS 6.1 CLEC represents and warrants that it is authorized to provide telecommunications services in the State of ldaho. The Parties will cooperate to file this Agreement with the Commission for approval and complete all attendant requirements of the Commission for such approval. lN WTNESS WHEREOF, CLEC and CenturyLink have caused this Agreement to be executed by their respective duly authorized representatives. Onvoy, lnc.Qwest Corporation dba CenturyLink QC 6.2 I-o5E9FC68BDS7aS4... -lI I rc*rx""*-* I [-Oocusignea By: L T Christensenl Signature Scott Sawver Printed Name General Counsel Title 7L/L4/20L3 Signature L. T. Christensen Printed Name Director - Wholesale Contracts Title L1,/Ls/20L3 November 1 2, 201 3lswd-mms/Onvoy, I nc./C DS- 1 3 1 1 1 2-00041 lD Adoption Agreement (v9-1 2-1 3) CERTIFICATE OF SER\ICE I hereby certify that on this t h day of December, 2Ol3,I served the foregoing APPLICATION F'OR APPROVAL OF INTERCONNECTION AGREEMENT upon all parties of record in this matter as follows: Jean Jewell, Secretary Idaho Public Utilities Commission 47 2 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-007 4 Email: jjewell@puc.state.id.us Mary T. Buley Senior Regulatory & Interconnection Manager Onvoy, Inc. 10300 6ft Ave North Plymouth, MN 55441 Hand Delivery U. S. Mail Overnight Delivery Facsimile Email xx Hand Deliveryxx U. S. Mail Overnight Delivery Facsimile Email