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HomeMy WebLinkAbout20220727Application.pdfLU[)4EN', -i:ii -'i,it- t? fii 3: 05 July 27,2022 i::'Jl\Jii{ Via Email Submission s e c r etary@1t u e i d.a h o. g o v Ms. Jan Noriyuki, Secretary Idaho Public Utilities Commission 11331 W. Chinden Blvd., Bldg. 8, Ste. 201-A Boise, D 83714 Re: Case No.: Q-ul e- T- LL- O le 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 AT&T Corporation 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 Legal Attachments cc: Service List 1600 7h Avenue, Floor 15 Seattle, Washington 981 91 206-806-7339 Josie.addington@lumen.com William E. Hendricks, III (WSBA#297 86) Lumen 902 Wasco Street Hood River, OR 97031 541-387-9439 Tre. hendricks@lumen. com Appr,rclrroN oF Qwosr Conponl,uoN DBA CrvnrnvlrNK QC FonAprnovAl or AN AusxoupNT To IxrunconxEcrloN Acnsnunxr wITIr AT&T ConroRarrox Punsulxr ro 47 U.S.C. $252(e) BEFORE THE IDAHO PT'BLIC 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 lnterconnection Agreement was approved by the Idaho Public Utilities Commission on June 22,2004 under Order No. 29530 (the "Agteement"). The Batch Hot Cut Removal Amendment ("Amendment") between CenturyLink and AT&T Corporation (*AT&T"') is submitted herewith. This Amendment was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval purzuant 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 agreement; or the implernentation of such an amendment (or portion) is not consistent with the public interest, convenience and necessity. AppLrcATroN FoR AppRovAL oF AMENDMEUTTo INTnncoNNECTIoN Acnrrusx'r [AT&T] -Page I 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 AT&T 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 concem other parties not a party to the negotiations. Expeditious approval would further the public interest. Respectfully submitted this 27ft day of July,2022. CENTT]RYLINK William E. Hendricks, III Attorney for Qwest Corporation dba Centurylink QC AppIrcetloN FoR APPRoVAL oF AMENDMENTTo INTERCoNNECTIoN AcRreMENr [AT&T] -Page 2 CERTIFICATE OF SERVICE I hereby certiff that on this 276 day of July,2O22,I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO TIIE INTERCOIYNECTION AGREEMENT upon all parties of record in this matter as follows: Jan Noriyuki, Secretary Idaho Public Utilities Commission Damaris Orttz, lead Carrier Relations Manager AT&T Corporation Via Email: secretarv@nuc. idaho. eov Via Email: Darnaris. ortiz @atl. com C,a*r, /e4//( Josie Addinglon / AppIrceTToN FoR APPROVAL OF AMENDMENT TO INTERCONNECTION AcREEMENT [AT&T] -Page 3 Batch Hot Cut RemovalAmendment to the lnterconnection Agreement between Qwest Corporation dba CenturyLink QC and AT&T Gorporation 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 AT&T Corporation ('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 Commission on June 22,2004; 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 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, all system updates will need to be completed by CenturyLink. CLEC will be notified when all system changes have been made. Actual order processing may begin once these requirements have been met. Additionally, CenturyLink shal! 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 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 April 27, 2021 RjclBalch Hot Cut Removal/AT&T/lD 1 Q Amendment to CDS-040 1 29-0006 (v.02.27 .2020) 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. Entlre Aqreement 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 multlple counterparts, each of wtrich is deemed an original, but all of wtrich shall constitute one and the same instrument. AT&T Corporatlon Qwest Corporatlon dba Centuryllnk QC Damaris Ortiz (May I 13021 08:57 EDT) ,Q*/rZ. A Kimbedv J. P ovnk (fr 12, y, rt As cDI) Signature I)amaric ()rfiz Name Printed/Typed Lead Carrier Manaoer Tiile May 11,2021 Date April 27, 2021kictsatch Hot Cut Removal/AT&T/lD 2 Q Amendment to CDS{40129-0006 1v.02.27.2020) Signature Kimberlv J. Povirk Name Printed/Typed Sr. Dir. Bus. Ops Wholesale Sales Title May L2,2021 Date AfiACHMENT 1 ATTACHMENT 1 The Batch Hot Cut is removed in its entirefir from the existino lnterconnection Aoreement and is reolaced bv thefollowino: 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-PC112619-1 notice provided by CenturyLink and have no further requirements as of the Effective Date of this Amendment. Nril 27, 2l21kjclBalch Hot Cut Removal/AT&T/lD 3 Q Amendment to CDS-040129-0006 (v.O2.27 .2020)