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HomeMy WebLinkAbout20220727Application.pdfLUMEN' ;r [: /- t-: l'1., = i]i rL-Lrrt | -'-v - '',,.;ili- I? FI'l 3:05 i: j_ t--_ . ': ! ,t:r . ,;ii,.. , ''' l'itiSlCl+ JuJy 27,2022 Via Email Submission s e c r etan@It u c. i da h o. g o v Ms. Jan Noriyuki, Secretary Idatro Public Utilities Commission 11331 W. ChindenBlvd., Bldg. 8, Ste.201-A Boise, D 83714 Case No.: eUJ e:T- *L-oq Application for Approval of Amendment to Interconnection Agreement Dear Ms. Noriyuki: Attached for filing are an Application for Approval of Amendment to Interconnection Agreement along with the Batch Hot cut Removal Amendment between Qwest Corporation dba CenturyLink QC ("CenturyLink") and Teleport Communications Americ4 LLC forthe 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, Re: a,*Aaqlttdie Kaangrc/l Legal Assistant Attachments cc: Service List 1600 7n' Avenue, Floor 15 Seattle, Washington 981 91 206-806-7339 Josie. addington@lumen.com William E. Hendricks, III (WSBA#29786) Lumen 902 Wasco Street Hood River, OR 97031 541-387-9439 Tre.hendricks@lumen. com Appr,rcarroN oF Qwosr ConrourroN DBA CuNrunvLrNK QC FonArpRovAL oFAr\ ApreNoprnNT To INtoncoxxECTIoN AcRrnunxr wITH TBlrpoRr CoprvruxrcATroNs Aummc4 LLC Punsurxr ro47 U.S.C. $252(e) BEFORE THE IDAHO PTIBLIC 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 lnterconnection Agreement was approved by the ldaho Public Utilities Commission on March 8,2021under Order No. 34951 (the "Agreement"). The Batch Hot Cut Removal Amendment ("Amendment") between CenturyLink and Teleport Communications America, LLC ("Teleport") 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 party to this AppLtcenoN ron AppnovRL or AuswouENT To INTERCoNNECTIoN AcRgeueNt [TELEPoRT CorvrrrluNtcerloNs AMERICA, LLC] - 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 Teleport 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 27ft day of July,2022. CENTURYLINK William E. Hendricks, III Attorney for Qwest Corporation dba CenturyLink QC AppLICATToN ron Appnovel or AusNouENT To Ix-rpncouuncrroN AcREEMENT [Tereronr CourrruNrcerroxs ArvrBRrca,LLCI - Page 2 CERTIFICATE OT SERVICE I hereby certiry that on this 276 day of July,2O22,I served the foregoing APPLICATION FOR APPROVAL OF AMEI\IDMENT TO THE INTERCONNECTION AGREEMENT upon all parties of record in this matter as follows: Jan Noriyuki, Secretary Idalro Public Utilities Commission Damaris Ortiz, Lead Carier Relations Manager Teleport Communications America, LLC Via Email: secretar.v@puc. idaho. eov Via Email: Damaris.ortiz@att.com Aa;/e4/k Josie,(ddinlgton / Apptrcarnu ron Appnovar oF AMENDIVIENT ro IlrencoNNEcrloN Acnss\dsNr [Trrrronr CoMMuMcArIoNs Aurnrc4 LLC] - Page 3 Batch Hot Cut RemovalAmendment to the lnterconnection Agreement between Qwest Corporation dba CenturyLink QC and Teleport Communications America, 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 Teleport Communications America, LLC (fka TC Systems, !nc.) ('CLEC'). CenturyLink and CLEC shal! be known jointly as the "Parties". REC!TALS WHEREAS, the Parties entered into an lnterconnection Agreement ("Agreement") for service in the state of ldaho which was approved by the Commission; and WHEREAS, 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 removing terms, conditions and rates for Batch Hot Cut as set forth in Attachment 1, to this Amendment, attached hereto and incorporated herein by this reference. 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. ln addition to the Questionnaire, al! system updates will need to be completed by CenturyLink. CLEC wil! be notified when all system changes have been made. Actual order processing may begin once these requirements have been met. Additionally, CenturyLink shall implement any necessary billing changes within two (2) billing cycles after the latest execution date of this Amendment, with a true-up back to the latest execution date of this Amendment by the end of the second billing cycle. The Parties agree that so long as CenturyLink implements the billing changes and the true-up as set forth above, the CLEC's bills shal! be deemed accurate and adjusted without error. Further Amendments Except as modified herein, the provisions of the Agreement shall remain in full force 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' April 30, 2l21kjclBatch Hot Cut Removal/TeleporUlD Q Amendment to CDS-1 1 1 1 30-000 1 (v.02.27 .2020) authorized representative. No waiver by any Pafi 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 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 subiects of the Agreement as amended and supersedes any prior understiandings, 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. Teleport Communicatlons America, LLC Qwest Corporatlon dba CenturyLlnk QG 'L-,.04:,KmbarlvL Povir* Damaris ortlz (May 11jz021 09:06 EDT)Kimbe.ly J. Povia (May 12,2021 1r:33 CDT) Signature Damaris Ortiz Name Printedffyped Lead Carrier Relations Manaoer Title May 11,2021 Date April 30, 202llktclBatch Hot Cut RemovaUTeleporUlD Q Amendment to CDS-1 1 't 130-0001 (v.02.27 .2020) Name Printed/Typed Sr. Dir. Bus. Oos Wholesale Sales Signature Kimberlv J. Povirk Tifle May L2,2021 Date 2 ATTACHMENT 1 ATTACHTIENT .l The Batch Hot Cutis removed in its entirefit from the qisfrno lnterconnectlon Aqrcement and is reolaced bv the bllowinq: The Parties have rates and terms in the Agreement regarding the Batch Hot Cut. The Parties further agree in this Amendment that any such rates and terms will be ineffec'tive, pursuant to the CMP-CR-PC112619.1notice provided by CenturyLink and have no further requirements as of the Effective Date of this Amendment. April 30, 2021 kseJBialch Hot Gut RemovaUTeleporUlD Q Amendment to CD$1 1 1 1 30{001 (v.02.27 .20201 3