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Home My WebLink About20220801Application.pdfLUMFN' :.-: i i.;., -' : i:ii i0: Lg August 1,2022 Via Email Submission s e cr etarl@gtu c. i d a h o. g o v Ms. Jan Noriyuki, Secretary Idaho Public Utilities Commission 11331 W. ChindenBlvd., Bldg. 8, Ste.201-4 Boise, D 83714 CaseNo.: &tng-7- &a-08 Application for Approval of Amendment to Interconnection Agreement Dear Ms. Noriyuki Attached for filing are an Application for Approval of Ame,ndment to lnterconnection Agreement along with the Batch Hot Cut Removal Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC (*CenturyLink") and ACN Communication Services, LLC for the State of Idaho. CenturyLink respectfully requests that this matter be placed on the Commission Decision Meeting Age'nda 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 t)ry/"4f4' Josie Adding6n 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) Lumen 902 Wasco Street Hood River, OR 97031 541-387-9439 Tre. hendricks@ lumen. com Aprr,rc.ltroN oF Qwrsr Conronc,rloN DBA CBxrunylm QC Fon AppnovAl or AN AurxpupNT To IxtnncomtEcTloN Acnrnunnr wITH ACN CowIMTJMCATToN SnRvrcns,LLC PunsuANr ro47 U.S.C. $2s2(e) BEFORE THE IDAIIO 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 Interconnection Agreement. The Interconnection Agreement was approved by the Idaho Public Utilities Commission on November l'7,2003 under Order No. 29380 (the "Agreement"). The Batch Hot Cut Removal Amendment ("Amendment") between CenturyLink and ACN Communication Services, LLC ("ACN Communication Services") is submitted herewith. This Amendment was reached through voluntary negotiations without resort to mediation or arbitration and is submiued 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 parly to this AppucauoN FoR AppRovAL or AurNortNT To INTERCoNNECTIoN AcRreNaeNr [ACN CotuuuNtc^e.rton SrRvtcrs, 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 ACN Communication Services 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 I't day of August,2022. CENTT'RYLINK William E. Hendricks, III Attorney for Qwest Corporation dba CenturyLink QC AppLIcerrcN FoR AppRovAL oF AMENDMENT To [NTERCotrNEcrroN AcRrrunNr [ACN CoMMuNrcATroN SEnvrces, LLCI -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 TIIE INTERCONIIECTION AGREEMENT upon all parties of record in this matter as follows: JanNoriyuki, Secretary Idaho Public Utilities Commission Dave Stevanovski, President ACN Communication Services, LLC ViaEmail: secretary@Fuc. idaho. eov Via Email: david@acninc.com a*/"4.rt Josie,(ddington / Appr-rcerrcN roR Appnovat- oF AMENDMENT To INTERCoNNEcTToN AcREurvr [ACN CoruuuNIcArIoN SERvIcEs, LLC] - Page 3 Batch Hot Cut RemovalAmendment to the lnterconnection Agreement between Qwest Corporation dba CenturyLink QC and ACN Communication Services, 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 ACN Communication Services, LLC ('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 November 17,2003; 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. 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 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. Further Amendments Except as modified herein, the provisions of the Agreement shall 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 of this Amendment may not be given without the written consent thereto by both Parties' September 2,20211nap-als/Negotiated/Batch Hot Cut Removal/ACN Communication/lD Q Amendment to C D S-03 1 0 22-0005 (v.02.27 .2020) 1 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 occurrenoe. 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 set forth below, in multiple counterparts, each of which is deemed an original, but all of which shal! constitute one and the same instrument. AGN Communication Servlces, LLG Qwest Corporation dba CenturyLink QC lare,rteranorrh' dil€ steranorst , 6€p ?iorl lO'31 ) rcinJfftq J. eoi/ir*, Kimberly J. Povl?k {Sep 7, 2021 l0:06 CDT) Signatura Dave Stevanovski Signature Kimberlv J. Povirk Name Printed/Typed Praeirlanf Name Printed/Iyped Sr. Dir. Bus. Ops Wholesale Sales Title Sep 7,2021 Tiile Sep 7,2021 Date Date September 2, 2021lnap-alslNegotiated/Batch Hot Cut Removal/ACN Communication/lD Q Amendment to CD$03 1 022{;005 (v.02.27 .2020) 2 ATTACHMENT 1 ATTACHMENT 1 The Batch Hot Cut is removed in its entiretv from the existino lnterconnection Aoreement and is reolaced bv the followino: The Parties have rates and terms in the lCAs 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. September 2, 2021lnap-alslNegotiated/Batch Hot Cut Removal/ACN Communication/lD Q Am e nd ment to C D S-03 1 0 22-0005 (v.02.27 .2020) 3