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Home My WebLink About20220801Application.pdfLUMEN' August 1,2022 ,.:.'-: :: . .,!r, q ,i.- .-, : 'rll:i",- aii aiil-t I /. \-!i ll lI-' Uri $ 1!,'f ,i Via Email Submission s e c r etarl@1r u c. i d ah o. gov Ms. Jan Noriyuki, Secretary Idaho Public Utilities Commission 11331 W. Chinden Blvd., Bldg. 8, Ste. 201-4 Boise, D 83714 Case No.: &Ot e- T- *L- t O Application for Approval of Amendment to Interconnection Agreement Dear Ms. Noriyuki: Attached for filing are an Application for Approval of Amendment to lnterconnection Agreement along with the Parfrrer Delivery Service Arrangeurents Amendment to the Type I and Type2 Paging Connection Service Agree,ment betwee,n Qwest Corporation dba CenturyLink QC ("CenturyLink") and Spok, 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 Re: C,*Aaq4, "*i{ oaan&, Legal Assistant Attachments cc: Service List 1600 7t' 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 Qwpsr ConponauoN DBA Cnxrunvlmr QC FonArpnovAL oFAN Au nNnvrnNT To IxrrRcoxxECTIoN AcRrBuBxr wITH Sror,Iuc. (rr,l USA Mour,rrv Wmrlnss, rxa MprRo C.uL, Iuc.) PunsuAlyr ro47 U.S.C. $252(e) BEFORE THE IDAHO PTIBLIC UTILITIES COMMISSION CASE NO.: 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 Interconnection Agreement. The lrterconnection Agreement was approved by the Idaho Public Utilities Commission on September 13, 2006 under Order No. 30127 (the "Agreement"). The Parbrer Delivery Service Arrangements Amendment to the Type I and Type ZPaging Connection Service Agteement ("Amendment") between CenturyLink and Spok Inc. (fka USA Mobility Wireless fka Meto Call, Inc.) ("Spok") 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 AppLlcatnN FoR AppRovAL oF AMENDMENT To INTERCoNNECTIoN AcREEMENT [Snox, INc.] - Page I 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 Spok to interconnect with CenturyLink facilities and to provide customers with increased choices irmong 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 st day of August,2022. CENTURYLINK William E. Hendricks, III Attorney for Qwest Corporation dba CenturyLink QC AppLICATToN roR Appnovar oF AMENDMENT ro INTBncoNNECTToN AcREEMENTT [Sror, INc.] -Page2 CERTIFICATE OF SERYICE I hereby certiry that on this 1$ day of August,2022,I served the foregoing APPLICATION FOR APPROVAL OF AMEI\IDMENT TO TIIE INTERCONI\IECTION AGREEMENT upon all parties of record in this matter as follows: Jan Noriyuki, Secretary Idaho Public Utilities Commission Sharon Woods, Corporate Secretary & Treasurer Spok, Inc. Via Email: secretary@Fuc. idaho. eov Via Email: S haron.woods@ spok. com {>r*/*a{k Josie A{dington / AppuclrroN ron Appnovar- oF AMENDMENT To INTERCoNNECTIoN AcnBeMENr [Sror,INc.] -Page 3 Partner Delivery Service Arrangements Amendment to the Type 1 and Type 2 Paging Connection Service Agreement between Qwest Corporation dba CenturyLink QC and Spok, lnc. for the State of ldaho This is an Amendment ("Amendment') to the Type 1 and Type 2 Paging Connection Service Agreement between Qwest Corporation dba CenturyLink QC ("CenturyLink'), a Colorado corporation, and Spok, lnc. (fka USA Mobility Wireless, lnc., fka Metrocall, lnc.) ("Paging Provider''). CenturyLink and Paging Provider shal! be known jointly as the "Parties". RECITALS WHEREAS, the Parties entered into a Type 1 and Type 2 Paging Connection Service Agreement ('Agreement") for service in the state of ldaho which was approved by the Commission on September'13, 2006; 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 adding terms and conditions for Partner Delivery Service Arrangements 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, Paging Provider must generate, if necessary, an updated Customer Questionnaire. ln addition to the Questionnaire, all system updates will need to be completed by CenturyLink. Paging Provider 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. The Parties agree that so long as CenturyLink implements the billing changes and the true-up as set forth above, the Paging Provider's bills shall 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 August'l 2, 2021 lkjcl SpoUParher Delivery SeMce Arrangements Amd/l D Q Amendment to CDS-060707-0003 (v.06.09.2021, , 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, misrepresentaffon, or breach of warranty or covenant hereunder, whether intentional or not, will be deemed to extend to any prior or subsequent defauft, 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 Aoreement The Agreement as amended (including the documents referred to herein) constitutes the ful! and entlre understianding and agreement between the Parties wtth 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 subjecG 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 wtrich is deemed an original, but all of wttich shall constitute one and the same instrument. Spok,lnc.Qwest Corporatlon dba Centuryllnk QG ',fi!^- ti*ttt'.'' t:'Kimberly J.16,2021 09:03 CDT) Signature Sharon Woods Signature Kimberlv J. Povirk Name Printed/Typed Coroorate Secretarv and Treasurer Name Printed/Tyryed Sr. Dir. Bus. Oos Wholesale Sales Tifle Title Aug 16,2021 Aug 15,2021 Date Date August 12, 2021 kiclspoUParher Delirtery SeMce Arrangements Amd/lD Q Amendment to CDS-060707-0003 (v. 06.09.202 1 ) 2 ATTACHMENT 1 ATTACHMENT 1 NOTE: The numberino in this Attachment I (which mav not be consecutivel is used as a convenience to the Pafiies and mav not be related to the numberino of the remainder of the Aoreernent. The followino lanouaoe is added to the Aoreement, in its entiretv: 1. 1.0 1.1 INTERCONNECTION Partner Delivery Service Arrangements Partner Delivery Service Arrangements for One-Way Traffic from CenturyLink to Paging Provider 1.1.1. Notwithstanding any language in this Agreement regarding lnterconnection to the contrary, Paging Provider may subcontract its lnterconnection obligations for receipt of traffic from CenturyLink to a Third-Party Paging Provider (hereinafter referred to as'Partner Delivery Service Arrangements') as follows: 1.1.2 Paging Provider shall provide Notice in accordance with the Notice provisions of the General Terms and Conditions of this Agreement whenever it establishes or terminates a Partner Delivery Service Arrangement. CenturyLink shall have a reasonable transition time to establish or terminate a connection to a Third-Party Paging Provider once Paging Provider provides Notice. 1.1.3 Paging Provider retains its obligation to abide by all terms and conditions of this Agreement and is responsible for its subcontractor Third Pafi Paging Providers' performance of Paging Provider's obligations under this Agreement. 1.1.4 Paging Provider must update the NPA-Mfis in the LERG for traffic it desires CenturyLink to terminate to Paging Provider's Third-Party Paging Provider. The POI in cases where the Paging Provider utilizes Partner Delivery Service Arrangements with CenturyLink shall be that of the Paging Provider or the Third- Pafi Paging Provider. 1.1.5 Paging Provider acknowledges that CenturyLink will only transmit one-way traffic to Paging Provider through the Third-Party Paging Provider in a Time Division Multiplexing (TDM) format compatible with CenturyLink's network. For matters related to the jurisdiction of traffic, al! traffic sent over Third-Party Paging Provider interconnection trunks shal! be treated as wireline traffic. 1.1.6 The Parties agree that traffic sent to Paging Provider under this Section will be subject to bill and keep. Under a bill and keep compensation arrangement, each Party retains the revenues it receives from its End Users and neither Party pays the other Party for the services provided. Aug ust 1 2, 2021 lkjcl SpoUPartner Delivery Se rvice Arrangements Amd/l D Q Amendment to CDS-060707-0003 (v.06.09.2021 ) 3 ATTACHMENT 1 1.1.7. Neither Paging Provider nor CenturyLink intend to expose CenturyLink to any Third-Party charges based on Paging Provider's election to implement a Partner Delivery Service Arrangement when CenturyLink sends traffic to Paging Provider via a Third-Party's network. Should Third-Party impose any charge upon CenturyLink based on Paging Provider's election to implement a Partner Delivery Service Arrangement, then Paging Provider shall be financially responsible for any such Third-Party charges. 2.0 CenturyLink sha!! not be obligated, whether under this Amendment or otherwise, to make any changes to CenturyLink's records, including to the services and items provided and/or billed thereunder or under the Agreement. Without limiting the foregoing, Paging Provider affirms, represents, and warrants that the ACNA and OCN for those accounts shall not change from that previously used by Paging Provider with CenturyLink. 3.0 Once this Amendment is effective, any change in Paging Provider's name including a change in the "dlbla", or due to assignment or transfer of this Agreement wherein only Paging Provider's name is changing, and no Paging Provider Company Code(s) (ACNA/CIC/OCN) are changing, constitutes a Paging Provider Name Change under this Section. For any Paging Provider Name Change, Paging Provider is responsible for providing proof of compliance with industry standards related to any Company Code(s), including notification of the name change to the appropriate issuing authority of those Company Code(s) as required. Paging Provider must submit the appropriate service request to CenturyLink to update Paging Provider's name on all applicable billing accounts (BANs), and Paging Provider is responsible for al! applicable processing/administration and nonrecurring charges for each service request. Should Paging Provider desire to change its name on individual circuits and/or End User records, Paging Provider must submit the appropriate service request(s) to CenturyLink to update Paging Provider's name on individua! circuits and/or End User records, and Paging Provider is responsible for a!! applicable processing/administration and nonrecurring charges for each of those service request(s). August 1 2, 2021 ll<lcl SpoUPa rtner Delivery Service Arangements Amd/lD Q Amendment to CDS-060707-0003 (v.06.09.202 1 ) 4