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HomeMy WebLinkAbout20190722Application.pdf{H CenturyLink* July 19,2019 Ms. Diane Hanian, Secretary Idaho Public Utilities Commission 47 2 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-007 4 Re:Case No.: Qtro Application for REC E IVT D ?filt JUL 22 AH ll:Sir r-!ir:.-; -1ll"tl larrJl=.i-!U t- U;;LlV tT:L:Tiis cotlHlssloN Via Overnight Delivery vlT - iq-o3 Approval of Adoption of Interconnection Agreement Dear Ms. Hanian: Enclosed for filing is an Application for Approval of Adoption of Interconnection Agreement along with an original and two (2) copies of the Adoption of the Interconnection Agreement by TDS Metrocom, LLC Adopting the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Comcast Phone of Idaho, LLC for the State of Idaho. CenturyLink respectfully requests that this matter be placed on the Commission Decision Meeting Agenda for expedited approval. Please contact Maura Reynolds, Regulatory Paralegal, at (206) 733-5178 should you have any questions regarding this submission. Thank you for your assistance in this matter. Sincerely J Legal Assistant Enclosure(s)cc: Service List 1500 7th Avenue, Room 1506 Seattle, Washlngton 98191 206-733-s236 iosie.addinston@centurvlink.com Lisa A Anderl (WSBA# 13236) CenturyLink 1600 7th Ave, Room 1506 Seattle, Washington 98191 Telephone: (206) 345 -l 57 4 Lisa. anderl@centurylink. com Arpr,rc.ttIoN oF Qwnsr coRpoRATIoN DBA CnNrunvLrNK QC Fon AprnovAl oF THE Aooprton oF THE INTTncoNNECTIoN AcnrBvrnNT BETwEEN QwEsr Conpon-LrroN on,l CnxruRyLrNK QC .l,No Coprcasr PnoxE or Iuuo, LLC Bv TDS MrrnocoM, LLC Fon Tnr Sr,rrn or Ioano PuRsuaxt ro 47 U.S.C. $2s2(r) APPLICATIoN FoR APPRoVAL oR ADOpTION OT INTERCONTNECTIoN AGREEMENT BY TDS METROCOU, LLC - I RICE'VEi] ?019 JUL 22 pH E: 0Z ,, r ri?i t"b.ctY.ffi iSr,u* BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION GASE No.: Q.or -T: I 1-o 3 Appl,rc.c.rroN FoR Appnov.Lt oF' THE AoorrroN or INTnncoNNECTIoN AcnrntvrnNt Qwest Corporation dba CenturyLink QC ("CenturyLink") hereby hle this Application for Approval of the Adoption of Interconnection Agreement by TDS Metrocom, LLC adopting the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Comcast Phone of Idaho, LLC for the State of Idaho ("Adopted Agreement"). The Adopted Agreement with TDS Metrocom, LLC ("TDS Metrocom") is submitted herewith. This Adopted 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 ca:rier not a party to this CenturyLink 1600 7m Ave., Suire 1506 Seattle, Washinglon 98191 Telephone: (206) 7 33-5178 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 Adopted Agreement provides no basis for either of these findings, and, therefore requests that the Commission approve this Adopted Agreement expeditiously. This Adopted 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 Adopted Agreement will enable TDS Metrocom to interconnect with CenturyLink facilities and to provide customers with increased choices among local telecommunications services. CenturyLink further requests that the Commission approve this Adopted Agreement without a hearing. Because this Adopted 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 apprwal would further the public interest. Respecttully submitted this /4 '^ day of July,20lg. CENTURYLINK z^ Lisa A. Anderl Attorney for Centurylink ApplrcettoN FoR AppRovAL oF AooprtoN or INrencoNNrcrroN AGREEMENT By TDS MernocoM,LLC -2 CenturyLink 1600 7fr Ave., suite 1506 Seattle, Washington 98191 Telephone: (206) 733 -517 8 CERTIFICATE OF SERVICE I hereby certify that on tnis 140 day of July ,2Olg,I served or caused to be served the foregoing APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT upon all parties of record in this matter as follows: Diane Hanian, Secretary Idaho Public Utilities Commission 47 2 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 Diane. Hanian@puc. idaho. gov TDS Metrocom, LLC Rod Cox, Manager-Carier Relations 525 Junction Rd. Madison, Wl 53717 Rod. cox@tdsmetro. corn Hand Delivery U. S. Mail XX Overnight Delivery Facsimile Email Hand Delivery U. S. Mail Overnight Delivery Facsimile XX Email Qzna 9'ul Josie $din$dn 0 AppLtcerloN ron AppRovel or AooptroN oF INTERCoNNECTToU AcneenaENr By TDS METRocou, LLC - 3 CenturyLink 1600 7h Ave., suite 1506 Seanle, Washington 98191 Telephone: (206)'733-5178 {\'dY.rur.iib,, Ce ntu ryLink- Adoption of the lnterconnection Agreement By TDS Metrocom, LLC Adopting the lntercon nection Agreement Between Qwest Corporation d/b/a CenturyLink QG And Comcast Phone of ldaho, LLG For the State of ldaho June 1 7, 201glkjc-naplTDS Metrocom(L-OylD C DS- I 906 1 4-000 I /Ad option Ag reement - (v.O7 .01 .2O 1 7 -2)Page 1 of3 1 Adoption of the lnterconnection Agreement This Adoption of the lnterconnection Agreement ("Agreement") is entered into by and between Qwest Corporation d/b/a Centurylink QC ("CenturyLink and TDS Metrocom, 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 d/b/a Centurylink QC and Comcast Phone of ldaho, LLC, that was approved by the Commission on August 24, 2017 ("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 full force and effect. PARTY For the purposes of this Agreement, CLEC is hereby substituted in the Adopted Agreement for Comcast Phone of ldaho, LLC. PROVISIONS 3.1 The Terms of the Comcast Phone of ldaho, 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, 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 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 June'1 7, 2Ol9ll,1c-naplTDS Metrocom(L-OylD C DS-l 906 I 4-0001 /Adoption Ag reement - (v. 07.0 1 .2017 -21 2. 3. Page 2 of 3 5. 4.3 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. The expiration date of this Adoption Agreement shall be the same as the expiration date of the agreement that is being adopted, which is August 23,2020. 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: 700 W Mineral Ave - Room L14.08 Littleton, CO 80120 Phone: 303-992-5599 Email: Legal. lntetcgn*$eti$n@senlJry,linh,qgm To CLEC: TDS Metrocom, LLC Rod Cox Manager - Carrier Relations 525 Junction Rd. Madison, W|53717 Phone: 217-234-4404 Emai| : Ad.cpx@td$n"Uaao n REGULATORY REOU IREMENTS 6.1 CLEC represents and warrants that it is authorized to provide telecommunications services in the State of ldaho. 6.2 The Parties will cooperate to file this Agreement with the Commission for approval and complete all attendant requirements of the Commission for such approval. IN WITNESS WHEREOF, CLEC and Centurylink have caused this Agreement to be executed by their respective duly authorized representatives. TDS Qwest d/b/a Centu QC 6. To CenturyLink: Director Sales Support lnterconnection 700 W MineralAve - Room MN D18.30 Littleton, CO 80120 Phone: 303-992-5906 E mail : intagf$B(ft;Snturylin k,cp"m Name Date June 1 7, 2O1 9lhp-naplTDS Metrocom(L-Oyl D C DS-1 906 1 4-0001 /Ad option Agreement - (u .07 .O 1 .20 1 7 -21 With Copy to: Centurylink Legal Department-Wholesale L f.;,Eberiy.l. Pav,i{ I Kimberlv J. Povirk Printed Name Director Sales Supnort Title Jun 18,2019 Date Page 3 of 3 Title