20220614Qwest ICA Adoption Agreement with Clear Rate Communications.pdf

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June 14,204, ,
Via Email Submission
s e c retaryt@1t u c. idah o. gov
Ms. Jan Noriyuki, Secretary
Idaho Public Utilities Commission
11331 W. Chinden Blvd., Bldg. 8, Ste. 201-4
Boise,ID 83714
Case No.: [Newl
Application for Approval of the Adoption of Interconnection Agreement
Dear Ms. Noriyuki:
Enclosed for filing is an Application for Approval of Adoption of Interconnection
Agreement along with the Adoption of the Interconnection Agreement by Clear Rate
Communications Inc. Adopting the Interconnection Agreement between Qwest Corporation dba
CenturyLink QC and Teliax, Inc. CenturyLink respectfully requests that this matter be placed on
the Commission Decision Meeting Agenda for expedited approval.
Please feel free to contact me with any questions regarding this submission. Thank you
for your assistance in this matter.
Sincerely
Re
,-)rylrdfih
Josie Addington /
Legal Assistant
Attachmentscc: Sam H. Namy, CFO, Clear Rate Communications Inc.
(via Email: [e-mail])
1600 7th Avenue, Floor 15
Seattle, Washington 98191
206-806-7339
[e-mail]
William E. Hendricks, III (WSB A# 29786)
CenturyLink
902 Wasco Street
Hood River, OR 97031
s4t-387-9439
Tre.hendricks@lumen. com
Amt.rc.q,rroN oF Qwrsr CoRponauoN DBA
CnxrunylrNK QC FonAppnovAl oFTHE
Aoosrlox or INrpncoNNECTroN AcRrprrlrxr
wrrH Cr,B.ln Rarp CorrruuxrcATroNs Ixc Fon
Tnp Sr.lrr oF IDAHo PuRsuaNr ro 47 U.S.C.
$2s2(s)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASENO.: QtrJ E-T- 2.e-o I
Appt rcauoN FoR Appnovu op
Aoorrrox or IxrpncoNNECTroN
AcRrpupNr
Qwest Corporation dba CenturyLink QC ("CenturyLink") hereby file this Application for
Approval of Adoption of the Interconnection Agreement by Clear Rate Communications Inc
Adopting the Interconnection Agreement by and between Qwest Corporation dba CenturyLink
QC and Teliax, Inc. for the State of Idaho ("Agreement"). The Adoption Agreement with Clear
Rate Communications Inc ("Clear Rate") 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.
Appr-tcltton ron AppRoveL oF ADopnoN or INrsncoul.rEcTroN AcRnsusNr - I
CIgan Rerg CoMMUNICATIoNS INC.
CenturyLink
9()2 Wasco Street
HoodRiver,OR 97031
541-387-9439
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
Clear Rate 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 further the public interest.
Respectfully submitted this 14ft day of June,2022.
CENTIIRYLINK
William E. Hendricks, III
Attorney for CenturyLink
ApplrcenoN FoR AppRovAL oF ADoprroN or INrsRcoNNscnoN AcRrrurNr-2
Clran Rars CourvruNrc,q,rroNs INC.
Centurylink
902 Wasco Street
HoodRiver,OR 97031
541-387-9439
William E. Hendricks, III (WSB A# 29786)
CenturyLink
902 Wasco Street
Hood River, OR 97031
s4l-387-9439
Tre. hendricks@lumen. com
Appl,rc,lrroN or Qwosr Conroru,tloN DBA
CrxrunvlrNK QC Fon ArpnovAl oF THE
Aoorrrox oF INTERCoNNECTIoN Acnrnunxr
wrrH Cr,Bm Rarr CouuuNrcATIoNs Inc Fon
Tnp Sr.lrp or Iorro PuRsuaxr ro47 U.S.C.
S2s2(e)
BEFORE THE IDAIIO PUBLIC UTILITIES COMMISSION
CASE NO.: Qj.o E-T- 0-7- oL
Aprr,rcarroN ron ApPRovAL oF
Aoorrrox or IxrrncoNNECTIoN
Acnnnunxr
Qwest Corporation dba CenturyLink QC ("CenturyLink") hereby file this Application for
Approval of Adoption of the Interconnection Agreement by Clear Rate Communications Inc
Adopting the Interconnection Agreement by and between Qwest Corporation dba CenturyLink
QC and Teliax, Inc. for the State of Idaho ("Agreement"). The Adoption Agreement with Clear
Rate Communications Inc ("Clear Rate") is submiued 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.
AppIIceIToN FoR APPROVAL OF ADOPTION OF INTERCONNECTION AGREEIVGNT - I
Clnan RaTs CoMMI.IMCATIONS INC.
CenturyLink
902 Wasco Street
HoodRiver,OR 97031
541-387-9439
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
Clear Rate 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 further the public interest.
Respectfully submitted this 14ft day of June,2022.
CENTTIRYLINK
William E. Hendricks, III
Attorney for CenturyLink
AppllcerroN roR AppRover or AooprroN oF INTERCoNNECTIoN AGREEMENT - 2
CLEAR RATE CoNaN{Lrr{lcerroNs INC.
Centurylink
902 Wasco Street
HoodRiver,OR 97031
541-387-9439
CERTIFICATE OF SERVICE
I hereby certiff that on this 1 4ft day of June , 2022,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:
Jan Noriyuki, Secretary
Idaho Public Utilities Commission
47 2 W est Washington Sffeet
P.O. Box 83720
Boise, Idaho 83720-0074
secretary@puc. idaho. eov
Sam H. Namy, CFO
Clear Rate Communications Inc.
[e-mail]
Hand Delivery
U. S. Mail
Overnight Delivery
FacsimileXX Email
Hand Delivery
U. S. Mail
Overnight Delivery
FacsimileXX Email
\S,a*,r AAr'fr
Josie Addington /
AppI,rc.c,rrolr ron Appnov.e,l oF ADoprIoN oF [NrERcoNNEcnoN Acnrrurwr - 3
CLEAR RATE CouuuNrcerroNs INc.
CenfiryLink
902 Wasco Street
HoodRiver,OR 97031
541-387-9439
Adoption of the
lnterconnection Agreement
By
Clear Rate Communications lnc
Adopting the
Interconnection Agreement
Between
Qwest Gorporation d/b/a GenturyLink QC
And
Teliax, lnc.
For the State of Idaho
alTa?rrl
CenturyLink"
April 1, 202llnaplClear Rate Communications lnc/Q/lD
CD$210401{001/Adoption Agreement - (v.07.01.2017-3)Page 1 of3
1
Adoptlon of the lnterconnection Agreement
This Adoption of the lnterconnection Agreement ('Agreemenf') is entered into by and between
Qwest Corporation d/b/a CenturyLink QC ("CenturyLink'), and Clear Rate Communications lnc ('CLEC'),
each of which may be referred to herein as 'Pafty', 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/t/a CenturyLink QC and Teliax, lnc.,
that was signed June 3, 2019.
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
Teliax, !nc.
PROVTSIONS
3.1 The Terms of the Teliax, lnc. 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 GenturyLink 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 fu!filled under the terms of this Agreement. However, the
initiation of a new account, any ne\rv 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 In 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 incuned
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
April 1, 202llnapl0lear Rate Communications lndQ/lD
CDS-210401{001/Adoption Agreement - (v.07.01.2017-3)
2.
3.
Page 2 of 3
5.
4.3
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 June2,2022.
NOTICES
Except as othenrise 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. mai!,
certified, postage paid, retum receipt requested, and addressed as follows:
6.
To CenturyLink:
Director Sales Support
700 W MineralAve - Room MN D18.30
Littleton, CO 80120
Phone: 303'992-5906
Email: [e-mail]
To CLEC:
Clear Rate Communications lnc
MichaelBishop
GeneralCounsel
2600 W. Big Beaver Rd. Suite 450
Troy, Mi48084
Phone: [phone]
Email: [e-mail]
REGULATORY REQUIREUENTS
With Gopy to:
CenturyLink Legal Department-Wholesale lnterconnection
700 W MineralAve - Room L14.08
Littleton, CO 80120
Phone: [phone]
Email: Leqal. I [e-mail]
6.1 CLEG represents and warrants that it is authorized to provide telecommunications seMces
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.
Clear Rate Communications lnc Ghrest Corporation d/b/a CenturyLink QG
s,,4 'itg
Sam H. Namy (Apr 5, 2021M:alED\/
,(rubeilu,' oonrk
Kimberly J PoviMApr 15.2021 l0:47 CDT)
Signature
Sam Namv
Printed Name
cFo
Title
Apr 5, 2021
Date
April 1, Z02llnaplClear Rate Communications lnc/Q/lD
CDS-210401 4001/Adoption Agreement - (v.07.01.2017-3)
Signature
Kimberlv J. Povirk
Printed Name
Sr. Dir. Bus. Ops Wholesale Sales
Title
Apr 15,2021
Date
Page 3 of 3