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HomeMy WebLinkAbout20220720Application.pdfLUMEN' ,,ti.,-l- ii f,Ii !i: l3 :i:: - ' ,:,.. ,i: Ju1y20,2022 i,i ii. r- i ' "i;,rSi3l.: Via Email Submission s e cre ta ryt@1t u c i dah o. go v Ms. Jan Noriyuki, Secretary Idaho Public Utilities Commission 11331 W. Chinden Blvd., Bldg. 8, Ste. 201-A Boise, D 83714 Re: Case No.: &Ule - f- 77.O{ Application for Approval of Amendment to Interconnection Agreement Dear Ms. Noriyuki: Enclosed for filing is an Application for Approval of Amendment to Interconnection Agreement along with the Batch Hot Cut Removal Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC ("CenturyLink") and Contact communications 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 9rybai/k Josie Addington - Legal Assistant Attachments cc: Service List 1600 7r'Avenue, Floor 15 Seattle, Washington 98191 206-806-7339 Josie.addington@lumen.com William E. Hendricks, III (WSBA#29786) CenturyLink 902 Wasco Street Hood River, OR 97031 54r-387-9439 Tre. hendricks@lumen. com ApplrclrroN oF Qwnsr Conronc,rloN DBA Coxrunvltxr QC FoRAppnovAL oF AN AunNpunNT To IxrrRcoxNECTIoN AcnBnrrrBNT wITH Coxracr CouuuxrcATroNs Ixc. PunsuAltr ro 47 u.S.C. $2s2(e) Appr-rcenoN FoR AppRovAL oF AMENDMENT To INTERCoNNECTIoN AcRrsusNr [CoNrecr CoMMUNICATIoN INc.] - Page I BEFORE THE IDAHO PUBLIC UTILITIES COMI\{ISSION CASE NO.: Qpr,) e'r- 2.2-o{ APPLICATION FOR APPROVAL OF AMEI\DMENT TO INTERCONNECTION AGREEMENT Qwest Corporation dba CenturyLink QC ("CenturyLink") hereby files this Application for Approval of Amendment to the lnterconnection Agreement. The lnterconnection Agreement was approved by the ldaho Public Utilities Commission on January 29,2003 under OrderNo. 29186 (the "Agreement"). The Batch Hot Cut Removal Amendment ("Amendment") between CenturyLink and Contact Communications Inc. ("Contact") 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 o'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 agreement; or the implementation of such an amendment (or portion) is not consistent with the public interest, convenience and necessity. CenturyLink 902 Wasco Street Hood River, OR 9703I 541-387-9439 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, ttre United States Congress, and the Federal Communications Commission. Expeditious approval of this Amendment will enable Contact 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 20m day of July,2022. CENTTJRYLINK William E. Hendricks, III Attorney for Qwest Corporation dba CenturyLink QC AppLICATToN ron Appnovar oF AMENDMExT ro IrqreRcoNNECTIoN AcREEMENT [Colrrecr CoMMrrNrcATroN INc.] - Page 2 CenuryLink 902 Wasco Street HoodRiver,OR 97031 541-387-9439 CERTMICATE OF SERVICE I hereby certit/ that on this 20ft day of July,2O22,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 Eric Nowland, VP Engineering Contact Communications Inc. Via Email: secretary@puc. idaho. eov Via Email: eric@contactcom.net A*/,44/fr losie.(adinlton / AppIIcaTToN FoR APPROVAL OF AMENDMENT TO INTERCONNECTION AcREEMENT [Covrecr CoMMUNICATIoN INc.] - Page 3 Centrylink 902 Wasco Strect HoodRiver,OR 97031 541-387-9439 Batch Hot Cut RemovalAmendment to the lnterconnection Agreement between Qwest Corporation dba CenturyLink QC and Contact Gomm unications 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 Contact Communications lnc. ("CLEC"). CenturyLink and CLEC shall be known jointly as the "Parties". RECITALS WHEREAS, the Parties entered into an !nterconnection Agreement ("Agreement") for service in the state of ldaho which was approved by the Commission on January 28, 2003; and WHEREAS, 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 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 !aw; 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, all system updates will need to be completed by CenturyLink. CLEC will be notified when all system changes have been made. Actua! 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 shall be deemed accurate and adjusted without error. Further Amendments Except as modified herein, the provisions of the Agreement shal! remain in ful! 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 May 5, 2021 lnap/Batch Hot Cut Removal/Contact Comm unications/l D Q Amendment to CDS-02122&10002 (v.02.27.2020) of this Amendment may not be given without the wriften 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 occurence. 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 wtrich shall constitute one and the same instrument. Contact Communications lnc.Qwest Corporation dba GenturyLlnk QC EnL ilouhtl K&nbertu /. PrutH Eric Nowland (May 18,2021 15:58 MDT)Kimberly J. Poviik (May 19, 202r 08:42 CDT) Signature Eric Nowland Signature Kimberlv J. Povirk Name Printed/Typed VP Enoineerino Name Printed/Typed Sr. Dir. Bus. Oos Wholesale Sales Title May 18,2021 Tifle May 19,2021 Date Date May 5, 2021 I nap/Batcfr Hot Cut Removal/Contact Comm u n icationVl D Q Amendment to CDS-021 22&0002 (v.02.27.2020) 2 ATTACHMENT 1 ATTACHMENT I The Batch Hot Cut is removed in iE entiretv from the existinq lnterconnection Aoreement and is replaced bv the followino: 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 ineffective, pursuant to the CMP-CR-PCI12619-1 notice provided by CenturyLink and have no further requirements as of the Effective Date of this Amendment. May 5, 2021 lnap/Batch Hot Cut Removal/Contact Comm unications/l D Q Amendment to CDS-021 22&10002 (v.02.27 .2020) 3