20220801Qwest Amendment with Electric Lightwave-UNE Resale.pdf

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August 1,2022
Via Email Submission
s e c re ta4@1t u c. i d a h o. go v
Ms. Jan Noriyuki, Secretary
Idaho Public Utilities Commission
ll33l W. ChindenBlvd., Bldg.8, Ste.201-A
Boise, D 83714
Re: 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 Unbundled Network Elements (UNEs) - Resale Forbearance
Amendment to the lnterconnection Agreement between Qwest Corporation dba CenturyLink QC
("CenturyLink") and Electric Lighfwave LLC 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 matter.
Sincerely,
O,*/"Aq4,
{ori"iaaas&n
Legal Assistant
Attachments
cc: Service List
1600 7th Avenue, Floor 15
Seattle, Washington 98191
206-806-7339
[e-mail]
William E. Hendricks, III (WSB A#297 86)
Lumen
902 Wasco Street
Hood River, OR 97031
54t-387-9439
Tre. hendricks@lumen. com
ApplrclrroN oF Qwesr ConronarloN DBA
Crxrunvltxx QC Fon AppRovAL oF AN
AprcxouBNT To IxroRcoxNECTIoN
AcRnpurnr wrrH ElncrRlc Lrcnruvn
LLC PunsuAM ro 47 U.S.C. S252(e)
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CASE NO.:
APPLICATION FOR APPROVAL OF
AMENDMENT 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 Idaho Public Utilities Commission on October 11, 2000 under Order
No. 28535 (the "Agreement"). The Unbundled Network Elements (UNEs) - Resale Forbearance
Amendment ("Amendment") between CenturyLink and Electric Lightrvave LLC ("Electric
Lightrvave") is submitted 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 carrier not a parry to this
APPLICATIoN FoR APPROVAL OF AMENDMTNT TO INTERCONNECTION
AcnseueNr Brrcrntc Ltcurwevs LLCI - Page I
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 Electric
Lightrvave 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 l't day of August,2022.
CENTTIRYLINK
William E. Hendricks, III
Attorney for Qwest Corporation dba
CenturyLink QC
AppLrcerroN FoR AppRovAL or AusNouENT To INTERCoNNECTToN
Acnssusxr Br-rcrnrc Lrcsrwevn LLC] - Page2
CERTIFICATE OF SERVICE
I hereby certiry that on this l$ day of August,2022,I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jan Noriyuki, Secretary
Idaho Public Utilities Commission
Douglas Denny, VP, Legal and Regulatory
Electric Lightwave LLC
Via Email:
secretarv@puc. idaho. eov
Via Email:
Doue. denny@ allstream.com
Josie
ApprrcilrroN FoR AppRovAl or AueNourur ro INrencoNNEcrIoN
AcRssrvrsvr prrcrnrc LrcuruvrLLCI -Page 3
Unbundled Network Elements (UNEs) - Resale Forbearance Amendment
to the lnterconnection Agreement between
Qwest Corporation dba CenturyLink QC
and
Electric Lightwave LLC
for the State of ldaho
This is an Amendment ("Amendment") to the lnterconnection Agreement between Qwest
Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and Electric Lightwave
LLC ('CLEC"). CenturyLink and CLEC shal! be known jointly as the'Parties'.
RECITALS
WHEREAS, the Parties entered into an lnterconnection Agreement ('Agreement") for service in
the state of ldaho which was approved by the Commission on October 11, 2000; and
WHEREAS, on July 12, 2019, the Federal Communications Commission (the, "FCC" or
"Commission") released Order FCC 19-66, a Report and Order on Remand and Memorandum
Opinion and Order in WC Docket Nos. 18-141, et al(the "UNE Transport Orde/'), which became
effective upon release; 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 Ordef), which
became effective upon release (together, with the UNE Transport Order, collectively 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 and 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 mutualterms, 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 Attachment 1 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. The Parties agree that CenturyLink will implement
the billing changes and the true.up as set forth below.
June 7, 2021 /kjc/U NE-Resale Forbearance Amd/ELl/lD
Amendment to CDS-00061 2-0162 (v. 1 1.07.201 9)
1
Further Amendments
Except as modified herein, the provisions of the Agreement shallremain in fullforce and effect.
The provisions of this Amendment, including the provisions of this senten@, 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, misrepresentiation, or breach
of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any
prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or
affect in any way any rights arising by virtue of any prior or subsequent such occunence.
Entlre 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 setforth
below, in multiple counterparts, each of wtrich is deemed an original, but all of which shall
constitute one and the same instrument.
Electric Llghtwave LLC Qwest Corporation dba Centurylink QC
Douqlas Dcnnav
DouelaYDennev {Jan il. 2022 l3:25 PST)).
Signature
Douqlas K. Dennev
Name Printed/Typed
VP. Leqal and Resulatory
Title
Jan4,2022
Date
June 7, 2021/kjc/UNE-Resale Forbearance Amd/ELl/lD
Amendment to CDS-00061 2{162 (v. 1 1.07.201 9)
Name Printed/Typed
Director Sales Suooort
Signature
Kimberlv J. Povirk
Title
Jan4,2022
Date
2
ATTACHMENT 1
ATTACHMENT {
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 Section 6 of
the Agreement is altered as follows:
a. Effective Date to February 2, 2020 - During the time period from the Effective
Date of this Amendment until 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 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. !f 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. Where CLEC
utilized an LSR to order Resale, CLEC may continue to issue an LSR for
resold services after February 2,2020 until August 2, 2022, subject to
Resale True-Up in Section 2 below.
1. ln order to ensure compliance with these provisions, the Parties
agree that CenturyLink, on no more than quarterly basis,
CenturyLink 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 full tariffed prices.
c. After August2,2O22 - The Parties agree that CenturyLink will no longer provide
any Existing Resold Services under the terms of the Agreement after August 2,
2022. CLEC is solely responsible for disconnecting such Existing Resold Services
J une 7, 202 1 /kjc/U N E-Resale Forbearance Amd/ELl/lD
Amendment to CDS-00061 2-0162 (v. 1 1.07.201 9)
3
ATTACHMENT 1
prior to August 2, 2022. To the extent Existing Resold Services are not
disconnected prior to August 2, 2022, Existing Resold Services wi!! be offered
under the applicable Tariffs or CommercialAgreement.
2. UNE Analog Loops - Pursuant to the terms of the Forbearance Orders, the terms and
conditions under which CLEC may order and maintain Analog Unbundled Loops, as
defined in Section 9.2.2 provided in the Agreement and Two-Wire/Four-Wire Unbundled
Distribution Loop, as provided in Section 9.3.2.1.1 of the Agreement (together, referred to
as "Analog Unbundled Loops') 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 Analog
Unbundled Loops pursuant to the applicable terms and conditions of the
Agreement. !n addition, CLEC may make changes in existing Analog Unbundled
Loop arrangements, also pursuant to the applicable terms of the Agreement.
b. February 2,2020 to August 2,2022 - After February 2,2020, CLEC cannot order
any Analog Unbundled Loops from CenturyLink pursuant to the applicable
provisions of the Agreement.
i. For any Unbundled Analog Loops procured under the terms of the
Agreement ("Existing Analog Loops") on February 2, 2020 or prior,
CenturyLink will continue to provide such Existing Analog Loops pursuant
to the terms of the agreement, including the applicable rates delineated in
Exhibit A of the Agreement.
ii. CLEC agrees that it will no longer submit any orders for Unbundled Analog
Loops under the Agreement from CenturyLink after February 2, 2020.
CLEC agrees that it is the responsibility of the CLEC to ensure that no
further orders for such Analog Unbundled Loops under the Agreement are
submitted after February 2,2020.
1. ln order to ensure compliance with these provisions, the Parties
agree that CenturyLink, on a 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
Analog Unbundled Loops under the terms of the Agreement.
2. Should such instances occur, the Parties further agree that
CenturyLink will request CLEC to disconnect such services and
order them as new by ordering the Specia! Access service under
the applicable Tariff, changing the applicable rate charged, and
CenturyLink may issue a bill using the effective date of the changes
that the applicable Unbundled Analog Loop was originally ordered
("Analog Loop True-Up Bill').
iii. CLEC agrees that any provisions in the Agreement that provide for Line
Splitting are also removed and may no longer be ordered, as they al!
involve an order of an Unbundled Analog Loop. Any existing arrangements
will be maintained during the time period of this section.
c. After August2,2022 - The Parties agree that CenturyLink will no longer provide
any Unbundled Analog Loops under the terms of the Agreement after August 2,
June 7, 2021 /kjc/U N E-Resale Forbearance Amd/ELl/lD
Amendment to CDS-00061 2-0162 (v. 1 1.07.201 9)
4
ATTACHMENT 1
2022, including any arrangements for Line Splitting. CLEC is solely responsible
for either disconnecting such Analog Unbundled Loops prior to August 2,2022 or
converting to an alternative service arrangement. For any Analog Unbundled
Loops in place as of Augusl2,2022, CLEC agrees that CenturyLink may convert
any such Analog Unbundled Loops to the appropriate Special Access service
under the applicable Tariff, and CLEC is then responsible for such services under
that Taffi. As Line Splitting is not available service under CenturyLink's Taffis,
CLEC must convert to alternative anangements that meet its needs, as such
arrangements will otherwise be terminated after August 2,2022.
d. UNE Combinations - Any UNE Combination s provided under the Agreement that
might include UNE Analog Loop are also treated as UNE Analog Loops under this
Agreement.
3. UNE Transport - Pursuant to the terms of the Forbearance Orders, the terms and
conditions under which CLEC may order and maintain Unbundled Dedicated lnteroffice
Transport ('UD!T"), as provided in Section 9.6.1.1 of the Agreement and Enhanced
Extended Loop ('EEL'), as provided in Section 9.23.3.7 of the Agreement (together,
referred to as "UNE Transport ) are altered as follows:
a. Effective Date to January 12,2O2O - During the time period from the Effective
Date of this Amendment until January 12,2020, CLEC may order UNE Transport
pursuant to the applicable terms and conditions of the Agreement. ln addition,
CLEC may make changes in existing UNE Transport arrangements, also pursuant
to the applicable terms of the Agreement.
b. January 12, 2020to July 12, 2022- After January 12, 2020, CLEC cannot order
any UNE Transport from CenturyLink pursuant to the applicable provisions of the
Agreement that has each endpoint in one of the Serving Wire Centers listed on the
Wholesale website: htto://www.centurvlink.com/wholesale/clecs/nta.html#UNE-F to
this Amendment ('Forbearanoe UNE Transport'). For any UNE Transport that
does not meet the definition of Forbearance UNE Transport, such UNE Transport
will continue to be available and provided under the terms of the Agreement,
including the terms underwhich it may be withdrawn.
i. For any Forbearance UNE Transport procured under the terms of the
Agreement ('Existing Forbearance UNE Transport') on January 12,2020
or prior, CenturyLink will continue to provide such Existing Forbearance
UNE Transport pursuant to the terms of the Agreement, including the
applicable rates delineated in Exhibit A of the Agreement.
ii. CLEC agrees that it will no longer submit any orders for Forbearance UNE
Transport under the Agreement from CenturyLink after January 12,2020.
CLEC agrees that it is the CLEC's responsibility to ensure that no further
orders for such Forbearance UNE Transport under the Agreement are
submitted after January 12,2020.
1. ln order to ensure compliance with these provisions, the Parties
agree that CenturyLink, on a no more than quarterly basis, may
conduct an audit of CLEC's order activity after January 12,2020, in
order to identifo any mistaken instances of attempting to order
Forbearance UNE Transport under the terms of the Agreement.
June 7, 2021/kjc/UNE-Resale Forbearance Amd/ELl/lD
Amendment to CDS-00061 2-0162 (v. 1 1.07.201 9)
5
ATTACHMENT 1
2. Should such instances occur, the Parties further agree that
CenturyLink will convert such services to the Special Access
service under the applicable Tariff, changing the applicable rate
charged as needed, and issue a billto make the effective date of
the charges be the date the applicable Forbearance UNE Transport
was originally ordered ("UNE Transport True-Up Bil!").
c. After July 12, 2022 - The Parties agree that CenturyLink will no longer provide
any Forbearance UNE Transport under the terms of the Agreement after July 12,
2022. CLEC is solely responsible for either disconnecting such Forbearance UNE
Transport prior to July 12, 2022 or converting to an alternative service
arrangement. For any Forbearance UNE Transport in place as of July 12,2022,
CLEC agrees that CenturyLink will convert any such Forbearance UNE Transport
to the appropriate Special Access service under the applicable Tariff, and CLEC is
then responsible for such services under that Tariff.
J une 7, 202 1 /kjc/U N E-Resale Forbearance Amd/ELl/lD
Amendment to CDS-00061 2-01 62 (v. 1'1.07.201 9)
6
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9.25.2.1.2 Each Additional sl4B 06 DFtc25))n 9.2,1.3)
9.25.2.2.1 Zone 1 330
9.25222 Zone 2 s46.63 D. E. t5
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EfiibilA
ldaho
lg2572t lzone3 379.17 D. E.15
10.3.2 Prsmium / Prhracy LFlings Generd
E afiange
farifi Rate,
Loss
Wholade
Discount
G6neral
Edran0e
farif Rate,
Less
Whole3ale
Discount
O,E D,E
NOTES:
B cost Dockat oWF-TJ)l-l 1 Order No- 2glto8 (Janueru 5. 2d).1) retB effudlve JanuaN 5. 2004-
D fhe F€derd Communicalions Comrission (the, "FCC' or "Comr{sslon') released Order FCC 19{6, a Rsport 6nd Order on Remand and Memorandum
Opinion and Ordor in WC Docket No3. 1E-141, et al (the'UNE Trdlsport Ordef), and on Argust 2, 2019, releas€d OrdgI FCC 1*72, a Mqnorandum
Opinion and Order in WC Docket 1&141 (t'l€ 'UNE Analog Loop and Resale Forboarance Ord€O wtricfi altered CanturyUnk's obllgations to provide certain
unbundled network elem6nB. As a r$ult, any rato with this footnote attached to it only applies to UNEs and R€sold s€Mces according to lhe terms of tha
UNUResale Fo,tearance Arendment of the Agresment. Any rate with this footnote is no longer applicable in any way afier AugGt 2, 2022, 8f,ein
E fhe rales in thB tabl€ apply solely to s€Mces ordetod br UNE/R6de on or bsfore Februay 2, 2020. Any new servic$ tor UNE/Ressle incon€ctly ordeEd
alter February 2, 2020 will not have the discounts or rates applicable in this l,able, but instead will b€ subi€d to th8 applicable tarifi, price list or catdog
f
rELRIC rates proposed in Cost Docket QWE-1{1-1'| testimony filed on Norember 12, 2003. The case was biturcatod ard lhe rales ushg this footnoto 4e
amrad in Phrs 2 df the ffil docket-
l2
t5
Page 3 of3