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HomeMy WebLinkAbout20170531Application.pdfd; sI lrL{;tliiifD 'ifiil li;:'f I tl &ii li: I $ '*ls,5l*iJ J G Centurylink'sI14:?rrv ; ; l.:iti.r'lr! 11. ;;'.,..,i Re: Case No.: Application for Approval of Interconnection Agreement Dear Ms. Jewell: Enclosed for filing are an original and two (2) copies of the Adoption of the Interconnection Agreement by Comcast Phone of ldaho, LLC Adopting the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Ionex Communications North, lnc. dba Birch Communications for the State of Idaho. 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, May 17,2017 Jean Jewell, Secretary Idaho Public Utilities Commission 47 2 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-007 4 ljga Enclosure(s)cc: Service List rutrW CASE awu-T-tl-Dl Via Overnight delivery www.centurylink.co m 1600 7* Avenue, Room 1505 Seattle, Washington 98191 20G733-s236 Legal Assistant III iosie.addington (ocenturvlink.com Lisa A Anderl (WSBA# 13236) CenturyLink 1600 7th Ave, Room 1506 Seattle, Washington 98191 Telephone: (206) 3 45 -157 4 Lisa. anderl @centurylink. com Appr,rcartoNoF@ WR APPRovAL oF THE Anoprlox OF THE INTTNCONNECTION ACNTNMTXT NY Corrclsr PsoNe oF IDAHo, LLC AooprING THE INr nneOFx pcu oN AcRr E NI ENT BET\vEEN Qwrsr ConponarroN DBA Crxrunvl,INx QC.lxo loNrx CounruNtcATroNs NoRtu, INc. nna BtRctt ColruuxrcATroNs, Docxer No. QWE-T-15-01 r'on rsn Srare or Ioa,uo Punsu,lxr ro 47 U.S.C. $252(E) '^,'1;':lri.:'l ; .- -r.-i'; !-iJ : ' :.a r::t:.l"t i:; i,,li'iu APPLICATION FOR APPROVAL OF ADOPTION OF INTERCONNECTION AGREEMENT t_,: tv,: BEFORE THE IDAIIO PUBLIC UTILITIES COMMISSION CASE NO.:QwE-7-t1-Ol Qwest Corporation dba CenturyLink QC ("Centurylink") hereby files this Application for Approval of the Adoption of the lnterconnection Agreement by Comcast Phone of Idaho, LLC Adopting the Interconnection Agreement between Qwest Corporation dba Centurylink QC and Ionex Communications North, Inc. dba Birch Communications for the State of Idaho ("Agreement"). The Agreement with Comcast Phone of Idaho, LLC ("Comcast") 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 ApplrcArroN FoR AppRovAr oF ADoprroN oF INTERC.NNECTT.N AGREEMENT - r iu'lflfttill.. ,un" ,rou coMCAsr PHoNE oF IDAHo, LLC il?#i;ll-ijrfliiri.ii?! 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 Federal Communications Commission. Expeditious approval of this Agreement will enable Comcast 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 fuither the public interest. Respectfully submitted this nh day of May,2Ol7. CENTURYLINK.\ , [^ Y\t\ d ,k'r"\ e k CenturyLink 1600 76 Ave., Suire 1506 Seanle, Washington 98191 Telephone: (206) 7 33 -S I 7 8 Lisa A. Attorney APPLICATIoN FoR APPRoVAL oT AnopTToN oF II.TTERCoNNECTIoN AGREEMENT_2 Coucnsr PHoNE oF IDAHo, LLC CERTIFICATE OF SERVICE I hereby certify that on this I 7th day of May ,2017 ,I served or caused to be served the foregoing APPLICATION FOR APPROVAL OF ADOPTION OF INTERCONNECTION AGREEMENT upon all parties of record in this matter as follows: Jean Jewell, Secretary Idaho Public Utilities Commission 472 West Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 Beth O'Donnell Title Director, Regulatory Affairs One Comcast Center, 55th Floor l70l JFK Blvd. Philadelphia, Pennsylvania 19103 Richard Chapkis Deputy General Counsel One Comcast Center, 55th Floor 1701 JFK Blvd. Philadelphia, Pennsylvania 19103 Hand Delivery U. S. MailXX Overnight Delivery Facsimile Email Hand DeliveryXX U. S. Mail Overnight Delivery Facsimile Email Hand DeliveryXX U. S. Mail Ovemight Delivery Facsimile Email Josie APPLICATIoN ToR Appnovel oF ADoPTIoN oF INTERC0NNECTIoN AGREEIVfENT _ 3 Coucasr PHoNE oF IDAHo, LLC CenturyLink 1600 76 Ave., Suite 1506 Seattle, Washington 98191 Telephone: (206) 733-5178 DocuSign Envelope lD: 2063888A-7D34-4432-9E39-7BA4A0F97CD5 /*i-r.!.-!rr"..t1i_/ r_,1 .+ t ri.,. i Iit.l",t,)i- I ! !-L/ ii:i:;i,','i3 []i l!: l;r ql fs-"\' '/ May 8, 2Q17 I nap/ComcasV ( L-Oyl D/ CDS-170508-0001/Adoption Agreement - (v.07.01.2016) 7-!" or\B i,.i;it;l r CenturyLink* Adoption of the lnterconnection Agreement By Comcast Phone of ldaho, LLG Adopting the I ntercon nection Agreement Between Qwest Corporation dba CenturyLink QG And lonex Gommunications North, lnc. dba Birch Communications For the State of ldaho Page 1 of 3 DocuSign Envelope lD: 2063888A-7D34-4432-9E39-7BA4A0F97CD5 Adoption of the lnterconnection Agreement This Adoption of the lnterconnection Agreement ("Agreement") is entered into by and between Qwest Corporation dba CenturyLink QC ("CenturyLink'), and Comcast Phone of ldaho, LLC ("CLEC"), 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 Local traffic for the State of ldaho. NOW THEREFORE, the Parties agree as follows: 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 lonex Communications North, lnc. dba Birch Communications, that was approved by the Commission on April 9,2015 ("Adopted Agreement"). 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 Except as set forth herein, the Adopted Agreement remains unchanged and in fullforce and effect. 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. PARTY For the purposes of this Agreement, CLEC is hereby substituted in the Adopted Agreement for lonex Communications North, lnc. dba Birch Communications. PROVISIONS 3.1 The Terms of the lonex Communications North, lnc. dba Birch Communications 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. 3.3 CLEC understands that it is providing a representation and warrants that it is complying with all provisions of the Adopted Agreement as of the effective date of the adoption. 4.EFFECTIVE DATE AND TERM 4.1 This 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 in which event neither Party will bring a dispute to require that an obligation incurred after execution must be fulfilled under the terms of the prior Agreement as long as this Agreement ultimately receives Commission Approval and so long as such obligations are fulfilled under the terms of this Agreement. 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 May 8, 2017 I naplComcasU ( L-Oyl D/ CDS-170508-000'l/Adoption Agreement - (v.07.01.2016) 1 2. 3. Page 2 of 3 DocuSign Envelope lD: 2063BBBA-7D344432-9E39-7BA4A0F97CD5 Agreement shall replace the existing lnterconnection Agreement in its entirety beginning on the Effective Date. However, nothing relieves the Parties from fulfilling all obligations incurred under that prior lnterconnection Agreement, unless such obligation was incurred following execution of this Agreement and the Parties agreed to implement this Agreement and such obligations were fulfilled under this Agreement consistent with the foregoing paragraph. 4.3 The expiration date of this Adoption Agreement shall be the same as the expiration date of the agreement that is being adopted, which is April 8, 201 8. 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: 5 6. To GenturyLink: CenturyLink Director Wholesale Contracts 930 1sth Street, 6th Floor Denver, CO 80202 Phone: 303-992-5906 Email: intaoree@centurvlink.com To CLEC: Beth O'Donnell Title Director, Regulatory.$ffairs One Comcast Center, 55'' Floor 1701 JFK Blvd. Philadelphia, PA 19103 Phone: 215-286-5187 Vice President. Comcast Wholesale Tifle 5/Ls/2017 With Copy to: Centurylink Legal Department Wholesale I nterconnection 931 14th Street, 9th Floor Denver, CO 80202 Phone: 303-383-6553 Email: leqal. interconnection@centurvlink.com With Copy to: Richard Chapkis Deputy General Counsel . On'e Cbmcast Center, 55th Floor 1701 JFK Blvd. Philadelphia, PA 19103 Phone: 215-286-5237 Email: beth_o'donnell@comcast.com REGU LATORY REQUIREMENTS Email: richard_chapkis@comcast.com 6.1 CLEC represents and warrants that it is authorized to provide telecommunications services in the State of ldaho. 6.2 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 WITNESS WHEREOF, CLEC and CenturyLink have caused this Agreement to be executed by their respective duly authorized representatives. of ldaho, LLC PHtion dba CenturyLink QC "*I .Tr+U,y.t lDi*"o (st/' nature Signature Barrv Tishoart Diane Roth Printed Name Printed Name Director - Wholesale Title 5/L6/20L7 Date May 8, 2017 I naplComcasU ( L-Oyl D/ CDS-1 70508-0001/Adoption Agreement - (v.07.01.2016) Date Page 3 of 3