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
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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.
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Enclosure
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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)
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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
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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...
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[-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
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