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Home My WebLink About20220801Qwest Amendment with Metropolitan Telecommunications-Resale Forbearance.pdfLUMEN' ill -l: l2 August 1,2022 ,, 11.,.'... ili.)!,!, ., ,1'-,-'i'il l Via Email Submission s e c retary@1t u c i da h o. g o v Ms. Jan Noriyuki, Secretary Idaho Public Utilities Commission 11331 W. Chinden Blvd., Bldg. 8, Ste. 201-,4, Boise,ID 83714 Attachments cc: Service List Re: Case No.: Application for Approval of Amendment to Interconnection Agreement Dear Ms. Noriyuki: Attached for filing are an of Amendment to Interconnection Agreement along with the Interconnection Agreement between Qwest Corporation dba QC and Mehopolitan Telecommunications of Idaho Inc. 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 N*P, L)"ql"ofr Josie Addingt# Legal Assistant 1600 7f'Avenue, Floor 15 Seattle, Washington 981 91 206-806-7339 Josie.addington@lumen.com William E. Hendricks, III (WSB A#297 86) Lumen 902 Wasco Street Hood River, OR 97031 54t-387-9439 Tre. hendricks@lumen. com Arpr,rcarroN oF Qwpsr ConponnuoN DBA Cnxrunvl,m< QC FonAprnovAl oFAN AurxounNT To lxrnncoxxEcTroN Acnppurr,n wrrn MrrnoPoLITAN Tnr,rcouuuNICATIoNs or Innno INc. Punsuaxr ro47 U.S.C. $252(e) BEFORE THE IDAHO PTJBLIC 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 Interconnection Agreement. The Interconnection Agreement was approved by the Idaho Public Utilities Commission on May 5,2005 under OrderNo. 29776 (the "Agreement"). The Resale Forbearance Amendment ("Amendment") between CenturyLink and Metopolitan Telecommunications of Idaho Inc. ("MetTel") is submitted herewith. This Amendment was reached through voluntary negotiations without resort to mediation or arbifration 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 agreement; or the implementation of such an amendment (or portion) is not consistent with the public interest, convenience and necessity. APPLICATIoN FoR APPROVAL OF AMENDMENT TO INTERCONNECTION Acnrnlasr.rr [Mrrnoror,treN TELEcoMMUMCATIoNS or Inaso Iuc.] - Page 1 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 ofthe State of Idaho, the Commission, the United States Congress, and the Federal Communications Commission. Expeditious approval of this Amendment will enable MetTel to interconnect with CenturyLink facilities and to provide customers with increased choices among local telecommunications services. CenturyLink furttrer 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$ day of August,2022. CENTURYLINK William E. Hendricks, III Attorney for Qwest Corporation dba Centurylink QC APPLICATIoN FoR APPRoVAL oF AMENDMENT To INTERCoNNECTIoN AGREEMENT MErRopoLrrAN TELECoMMr.rNrcATroNs oF IDAHo Ir.rc.l - Page 2 CERTIFICATE OF SERYICE I hereby certiff that on this 1't day of August,2022,I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCOI\INECTION AGREEMENT upon all parties of record in this matter as follows: Jan Noriyuki, Secretary Idalro Public Utilities Commission Andoni Economou, Coo MetTel Metopolitan Telecommunications of Idaho tnc. Via Email: secretar.v@nuc. idaho. eov Via Email: aeconomou@mettel.net a*Aa{lt Josie.(ddirfgton / ApprrcanoN FoR AppRovAL oF AMENDMENT To INTERCoNNEcTIoN AcRmrael.ir [v[ETRopoLITAN TELECoMMUMcATIoNS oF IDAHo INc.] - Page 3 Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC And Metropolitan Telecommunications of ldaho lnc 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 Metropolitan Telecommunications of ldaho lnc. ("CLEC"). CenturyLink and CLEC shall 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 state Commission or became effective by operation of law on May 5, 2005; 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 (refened to as the "Forbearance Order"); and WHEREAS, the Parties agree that the Forbearance Order is a change 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 Order 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 mutual 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 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 agree to implement the provisions of this Amendment upon execution. Further Amendments Except as modified herein, the provisions of the Agreement shall remain in full force and effect. J uly 28, 20221 naplResale Forbearance Amd/Negotiated/Metropolitanfl D Q Resale Forbearance Amendment to CDS-041213-0017 (v.09.16.2020) 1 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 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 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 ora!, 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. Metropolltan Telecom m un ications of ldaho lnc. Qwest Corporation dba CenturyLlnk QC *)o*,i ecottt*lttr*@ Kimbrlvl Povirl< Kimberly J. P5virk (Aug 1,2022 10:02 CDT) Signature Andoni Economou Signature Kimberlv J. Povirk Name Printed/Typed COO MetTel Name Printedffyped Sr. Dir. Bus. Oos Wholesale Sales Title Aug 1,2022 Title Aug 1,2022 Date Date July 28, 2022lnaplResale Forbearance Amd/Negotiated/Metropolitanfl D Q Resale Forbearance Amendment to C DS-041 2 1 3-00 1 7 (v.09. 1 6.2020) 2 ATTACHMENT 1 ATTACHMENT 1 1. Resale Provisions - Pursuant to the Forbearance Order, CLEC's ability to order new services and retain existing services from CenturyLink for resale pursuant to Section 6, including Directory Listings and Directory Assistance that pertain to Resale, of the Agreement are altered as follows: a. Effective Date to February 2, 2O2O - During the time period from the Effective Date of this Amendment until February 2,2020, CLEC may order services for resale pursuant to the applicable terms and conditions of the Agreement, including the discounts delineated in Exhibit A of the Agreement ("wholesale discount"). ln addition, CLEC may make changes in existing resold services, also pursuant to the applicable terms of the Agreement, unti! February 2,2020. b. After February 2,2020 to August 2,2022 - After February 2,2020, any services CLEC orders for resale ftom CenturyLink pursuant to the applicable provisions of the Agreement will no longer receive a wholesale discount. Any orders for such new services for resale are subject to the applicable retail Tariff rates. 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 the wholesale discounts until August2,2022. ii. For any services procured for resale under the terms of the Agreement after February 2, 2020, CenturyLink will continue to provide Resale Services pursuant to the terms of the Agreement, removing the wholesale discounts. 1. CenturyLink, on no more than quarterly basis, may conduct an internal review of CLEC's resale order activity in order to accurately bill new resale services ordered by CLEC after February 2,2020 under the terms of the Agreement and to which a wholesale discount was applied by CenturyLink. 2. CenturyLink may issue applicable credits or debits using the effective date that the new resale service(s) was originally ordered ("Resale True.Up Bill') removing the wholesale discount for such resale service(s); 3. A Resale True-Up Bill will be issued no more than twelve (12) months following the effective date that the new resale service(s) was ordered. c. After August 2, 2022 - The Parties agree that CenturyLink will continue to provide new resale services and Existing Resale Services pursuant to the terms of the Agreement without the application of the wholesale discount. July 28, 20221 naplResale Forbearance Amd/Negotiated/Metropolitan/l D Q Resale Forbearance Amendment to CDS-041213-0017 (v.09.16.2020) 3 E$tbtrA ldrho Lta hrm ot arl[cEAS' LOCI m.l{BIfrl 5 Not6 6.0 Rraala WtrdGtd,a Dlrcounl Percaotage Rcqrrlng Ch.roer ,VholaEda Diamnt Pcrcontag6 Nonrcqrring ChrmB 8.1 n hol..!L Dl3couEt RaL. 6.t I Sdnhm ldCm,t11 r3lc Erchanoc 18.2596 1 8.2596 B.O.E B.D.E 4.1.1.2 B[lc Eldrrno. Eurim3. Lhc SNie tB 25*18 25*RDE t 13 tE.25%14.25%B.D.E B.D.E 8_1_1_1 Prd(me / Smld SJvio3 aa-o-- Cslrlx- fiarelnlad LlndFEtur.t8-25*1A25%B.D.E BDE t 15 1E.2516 E.25%B.D.E B.O.E 8.1.1.6 PrlEte Lin.18.25q6 14.24*BDE BDE Bt 17 14.25% B.t.t.8 Volume Ped(trcd S€ruie3 - Hioh Volume Cuslmm 6_6596 6-65%B.D.E B.D.E 8.1.1-9 Publlc Ama$ I lne /PAl I Sarvle o llt)rl6 J6rth.m ldt.1.2 to 4.1.2.1 Baic Erdr$oe Elrtidentd Lim Seruic.te 37*194704 BDE EDE 122 add Frjithda Mce / Pts)(18.379 19.37%B.D.E B.D.E 6-1.2.t lntnLATA To[r 9.37q6 't9-17 B.D E B D-E t1 2l P*Ls./SM to 37*I 8.1.2.5 Liliinor. 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B_2.1 4211 Msud E.2.1-1.1 FiBl Lina sl6-22 B.D.E 8-2-1-1-2 Erdr Addilidd t in. )1) 8.2.'t.2.1 FiBt Line 30-&3 B.D.E 8.2.1.2.2 Eadr Addilidd Lhe 2? 6-2.2-1 FiBt Clrcuit 33A-8t BDE 4222)a :TC i6r &Cimit $/t5,81 B.D.E 10.3.2 Premium / Privecy Listng3 G6n€rC E ofiangc tarltf R.te, La88 Whole!ale Dbcilnl G€n6rd B{*range Tarilt Rate, Losg Wholesale Dis@nl D,E D,E NOTES: fhe Fodcral Gommunlcatons Comrrission (the, 'FCC' or "Comrission") rchar6d Ordcr FCC 19€6, a Roport and Order on Romand and Memorandum Opinion end Ords ln WC Doclet No3. 1&141, et al (the'UNE Transport Ordc/), and on August 2, 2019, rclcaacd OrdGr FCC ls'72, a Memorandum Opinion end Order in WC Dockot 1&141 (the 'UNE Analog Loop ald Resde Fo6oer6nca Ord.o whicfi altor€d CanturyLink's obligations to provide certain unbundlod ncturo.t olomcnlr. As a rBult, any rato wilh thF fioollots attacfi€d to it only applhs to UNE3 and Rolold ldvice3 according to th€ terms of the UNE/Resde Foocaranco Anendment of tho Agrcement. Any rato with lhB footnots is no longGr applicable in rny w.y alter Augusl2, 2022, ary,zin con3ietsnt with th€ t6rm! d the above referonced ameMrnont. , E fhe rates ln this taue apply solely to sorvices ordered b'r UNE/ResdB on or before Februtf 2,2020. Any '[elil reMcca for UIG/Resale incorectly ordercd ilof February 2, 2020 will not have the discounls or rater applicabl€ in thi3 table, but instead will b€ subjec't to th€ applicabb tarifi, price list or cstdog tgl€s. PaCe 1 of 1