20220721Qwest Amendment with Easton Telecom-Resale Forbearance.pdf

LUMEN'
a!1, r.l :l
r i: t'Li.l
July 21,2022
.,5iUl.
Via Email Submission
se creta ry@p u c. ida h o. go v
Ms. Jan Noriyuki, Secretary
Idaho Public Utilities Commission
I l33l W. Chinden Blvd., Bldg. 8, Ste. 201-A
Boise, lD 83714
Case No.:
Application for Approval of Amendment to Interconnection Agreement
Dear Ms. Noriyuki
Attached for filing are an Application for Approval of Amendment to lnterconnection
Agreement along with the Resale Forbearance Amendment to the Resale Agreement between
Qwest Corporation dba CenturyLink QC ("CenturyLink") and Easton Telecom Services, L.L.C.
for the State of Idaho. 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 mafier.
Sincerely,
Re
L)ry /"aX'k,
Josie AddingtorY
Legal Assistant
Affachments
cc: Service List
1600 7th Avenue, Floor 15
Seattle, Washington 98191
206-806-7339
[e-mail]
William E. Hendricks, III (WSB A#29786)
Lumen
902 Wasco Street
Hood River, OR 97031
s4r-387-9439
Tre. hendricks@lumen. com
Appr,rclrroN oF Qwnsr CoRpon.lrloN DBA
CsxrunvlrNK QC Fon AppnovAl oF AN
AupxnupNT To InToRcoNNECTIoN
AcRoeurxr wrrH Elsrou Tolncou
Snnvrcns, L.L.C. PuRsu,lr.rr ro47 U.S.C.
$2s2(e)
BEFORE THE IDAHO PTJBLIC UTILITIES COMMISSION
CASE No.: Or0 E -T- *L'oX
APPLICATION FOR APPROVAL OF
AMEI\IDMENT TO INTERCONNECTION
AGREEMENT
Qwest Corporation dba CenturyLink QC ("CenturyLink") hereby files this Application
for Approval of Amendment to the lnterconnection Agreement. The Interconnection Agreement
was approved by the ldaho Public Utilities Commission on August 6,2009 under Order
No. 30875 (the "Agreement"). The Resale Forbearance Amendment to the Resale Agreement
("Amendment") between CenfuryLink and Easton Telecom Services, L.L.C. ("Easton Telecom")
is submiued herewith.
This Amendment 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 amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portion(s) thereof) discriminates against a telecommunications carier not a party to this
AppLIceIoN FoR APPRoVAL OF AMENDMEIIT ro INTERcoNNECTIoN
AcnrrusNr pesroN TrLrcou Senvrces, L.L.C.I - Page 1
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
CenturyLink respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the Commission approve this Amendment expeditiously.
This Amendment 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 Amendment will enable Easton
Telecom to interconnect with CenturyLink facilities and to provide customers with increased
choices among local telecommunications services.
CenturyLink further requests that the Commission approve this Amendment without a
hearing. Because this Amendment 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 2l't day of July,2022.
CENTURYLINK
William E. Hendricks, III
Attorney for Qwest Corporation dba
CenturyLink Qc
APPLICATIoN FoR APPRoVAL oF AMENDMENT To INTERCoNNECTIoN
AcREEMENr p,tsroN Tnrecou SsnvrcEs, L.L.C.] -Page 2
CERTIFICATE OF SERVICE
I hereby certit, that on this 21't day of July,2022,I served the foregoing
APPLICATION FOR APPROVAL OF AMEI\DMENT TO THE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jan Noriyuki, Secretary
Idaho Public Utilities Commission
Robert E. Mocas, President
Easton Telecom Services, L.L.C.
Via Email:
secretary@Fuc. idaho. eov
Via Email:
rmocas@eastontelecom. com
Josie
AppuceuoN FOR APPROVAI. OT AUTNPUENT TO INTERCONNECTION
AcREEMENT [EasroN TELecou SeRvrces, L.L.C.] - Page 3
Resale Forbearance Amendment
to the Resale Agreement between
Qwest Corporation dba CenturyLink QC
and
Easton Telecom Services, L.L.C.
for the State of ldaho
This is an Amendment ("Amendment") to the Resale Agreement between Qwest Corporation
dba CenturyLink QC ("CenturyLink"), a Golorado corporation, and Easton Telecom Services,
L.L.C. ('CLEC'). CenturyLink and CLEC shall be known jointly as the "Parties".
RECITALS
WHEREAS, the Parties entered into a Resale Agreement ("Agreement") for service in the state
of ldaho which was approved by the Commission on August 6, 2009; and
WHEREAS, on August 2,2019, the FCC released Order FCC 19-72, a Memorandum Opinion
and Order in WC Docket 18-141 (the "UNE Analog Loop and Resale Forbearance Order"),
which became effective upon release (referred to as the "Forbearance Orders'); and
WHEREAS, the Parties agree that the Forbearance Orders are changes in Applicable Law that,
pursuant to the terms of the Agreement, must be incorporated through an amendment to the
Agreement; and
WHEREAS, in order to implement the terms of the Forbearance Orders and consistent with the
terms of the Agreement regarding changes in Applicable Law, the Parties desire to amend the
Agreement further under the terms and conditions contained herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutua! terms, covenants and conditions contained
in this Amendment and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
Amendment Terms
The Agreement is hereby amended by adding terms and conditions for Unbundled Network
Elements (UNEs) and Resale as set forth in attachments and Exhibit A to this Amendment,
attached hereto and incorporated herein by this reference. Any capitalized terms not defined
specifically in this Amendment are as defined in the Agreement.
Effective Date
This Amendment shall be deemed effective upon approval by the Commission, or by being
permitted to go into effect by operation of law; however, the Parties may agree to implement the
provisions of this Amendment upon execution. To accommodate this need, CLEC must
generate, if necessary, an updated Customer Questionnaire. The Parties agree that so long as
CenturyLink implements the billing changes and the true-up as set forth below, the CLEC's bills
shall be deemed accurate and adjusted without error.
March 31, 2021lnap/Resale Forlcearance Amd/Easton Telecom Services/lD
Q Resale Forbearance Amendment to CDS-090527-001 0 (v.03.05.2020-1 )
1
Further Amendments
Except as modified herein, the provisions of the Agreement shall remain in fullforce and effect.
The provisions of this Amendment, including the provisions of this sentence, may not be
amended, modified or supplemented, and waivers or consents to departures from the provisions
of this Amendment may not be given without the written consent thereto by both Parties'
authorized representative. No waiver by any Party of any default, misrepresentation, or breach
of warranty or covenant hereunder, whether lntentional or not, will be deemed to extend to any
prior or subsequent default, misrepresentation, or breach of wananty or covenant hereunder or
affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Entire Aoreement
The Agreement as amended (including the documents referred to herein) constitutes the full
and entire understanding and agreement between the Parties with regard to the subjects of the
Agreement as amended and supersedes any prior understandings, agreements, or
representations by or between the Parties, written or oral, to the extent they relate in any way to
the subjects of the Agreement as amended.
The Parties intending to be legally bound have executed this Amendment as of the dates set
forth below, in multiple counterparts, each of which is deemed an original, but all of which shall
constitute one and the same instrument.
Easton Telecom Services, L.L.C.Qwest Corporation dba GenturyLlnk QC
,eiezfeT
Robert E. Mo(as (Mar 31, 2021 12:f I EDT)
Ermberla,z Cbnrk
Ximberly J. Povii(Mar 31, 2O2r 1l:Ia CDT)
Signature
Robert E. Mocas
Signature
Kimberlv J. Povirk
Name Printed/Typed
President
Name Printed/Typed
Sr. Dir. Bus. Oos Wholesale Sales
Title
Mar 31, 2021
Title
Mar 31, 2021
Date Date
March 31, 2021 /nap/Resale Forbearance Amd/Easton Telecom Services/l D
Q Resale Forbearance Amendment to CDS-090527-0010 (v.03.05.2020-1)
2
ATTACHMENT 1
ATTACHMENT I
1. Resale Provisions - Pursuant to the Forbearance Orders, CLEC's ability to order new
services and retain existing services from CenturyLink for resale pursuant to Sections 6,
including Directory Listings and Directory Assistance that pertain to Resale, of the
Agreement are altered as follows:
a. Effective Date to February 2, 2020 - During the time period from the Effective
Date of this Amendment unti! February 2,2020, CLEC may order any services
for resale pursuant to the applicable terms and conditions of the Agreement. ln
addition, CLEC may make changes in existing resold services, also pursuant to
the applicable terms of the Agreement, until February 2, 2020.
b. February 2,2020 to August 2,2022 - After February 2,2020, CLEC cannot
order any services for resale from CenturyLink pursuant to the applicable
provisions of the Agreement. Any orders for new services for resale will be
pursuant solely to the terms of the applicable Tariff for the service including any
ICB agreements entered into under the applicable Tariffs.
i. For any services procured for resale under the terms of the Agreement
("Existing Resale Services') on February 2,2020 or prior, CenturyLink will
continue to provide such Existing Resale Services pursuant to the terms
of the Agreement, including any discounts delineated in Exhibit A of the
Agreement.
ii. CLEC cannot make any changes to such Existing Resale Services, as
they will be treated in a "grandfathered" status, with continued receipt or
disconnection of the Existing Resale Services the only options under the
Agreement available to CLEC. lf CLEC issues an order to change such
services, it will be treated as new services for resale and will be provided
solely under the Tariffs, rather than under the Agreement.
iii. CLEC agrees that it will no longer submit any orders for resale services
under the Agreement from CenturyLink after February 2,2020. CLEC
agrees that it is the CLEC's responsibility to ensure that no further orders
for resold services under the Agreement are submitted after February 2,
2020. lf resold services are ordered after February 2,2020 CLEC agrees
that the Agreement is no longer in effect and resold services are being
ordered per the applicable tariff at the full rates in the tariff.
1. ln order to ensure compliance with these provisions, the Parties
agree that CenturyLink, on no more than quarterly basis, may
conduct an audit of CLEC's order activity after February 2,2020,
in order to identify any mistaken instances of attempting to order
resold services under the terms of the Agreement.
2. Should such instances occur, the Parties further agree that
CenturyLink may issue a bill using the effective date of the
changes that the applicable service was originally ordered
("Resale True-Up Bill") removing the discount for such services
and billing under the Tariffs at fu!! tariffed prices. CLEC agrees
March 31, 2O21lnap/Resale Forbearance Amd/Easton Telecom Services/lD
Q Resale Forbearance Amendment to CDS-090527-0010 (v.03.05.2020-1)
3
ATTACHMENT 1
not to contest such Resale True-Up Bills unless such billing is not
consistent with the applicable Tartff.
c. After Augual2,2022 - The Parties agree that CenturyLink will no longer provide
any Existing Resold Servies under the terms of the Agreement after August 2,
2A22. CLEC is solely responsible for either disconnecting such Existing Resold
SeMces prior to August 2, 2022 or ordering them as neur services under the
applicable Tariffs.
March 31, 2021lnaplResale Fo6earanca tumd/Easton Telecom Services/lD
Q Resale Forbearance Amendment to CDS-090527{010 (v.03.05,2020-1)
4
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D The Fcdoral Communica0ons Comr$sion (thc, 'FCC' or'Comn$sion') r.1..3.d Ord.r FCC 1S.86, a R.port and Odcr on Remdrd and Mcmorandum
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E The rates in thi! tabl€ epply sol€ly to services ordcrod for Ul{E/Resde on or bcbr! F.brury 2, 2020. Any new servtcca for Ut{E/Resde inconsctly ordcred
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