HomeMy WebLinkAbout20120426Amendment.pdfCENTURYLINK
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Maura E. Peterson
Paralegal
Regulatory Law
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IDAHO FUGL
UTILITIEb COMMIS
€ CenturyLinkTM
Via Overnight delivery
April 25, 2012
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-T-11-12
Application for Approval of Amendment to the Interconnection Agreement
LXI-CLEC, LLC
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation dlbla Centurylink
is an original and three (3) copies of the Application for Approval of Amendment to the
Interconnection Agreement. CenturyLink respectfully requests that this matter be placed on
the Commission Decision Meeting Agenda for expedited approval.
Please contact me if you have any questions concerning the enclosed. Thank you for your
assistance in thismatt-.
Sincerely,
mep
Enclosure
cc: Service list
www.centurylink.com
Lisa A. Anderl (WSBA# 13236)
CenturyLink
1600 7th Ave, Room 1506
Seattle, WA 98191
Telephone: (206) 398-2502
Facsimile: (206) 343-4040
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST CASE NO.: QWE-T-11-12
CORPORATION DIBIA CENTURYLINK
FOR APPROVAL OF AN APPLICATION FOR APPROVAL OF
INTERCONNECTION AGREEMENT AMENDMENT TO THE
PURSUANT TO 47 U.S.C. §252(e) INTERCONNECTION AGREEMENT
Qwest Corporation dlb/a CenturyLink ("CenturyLink") hereby files this Application for
Approval of Amendment to the Interconnection Agreement ("Amendment"), which was
approved by the Idaho Public Utilities Commission on November 9, 2011 (the "Agreement").
The Amendment with LXI-CLEC, LLC. ("LXI") 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
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 LXI to
interconnect with CenturyLink facilities and to provide customers with increased choices among
local telecommunications services.
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 1
LXI-CLEC
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 25th day of April, 2012.
Attorney for CenturyLink
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
LXI-CLEC
CERTIFICATE OF SERVICE
I hereby certify that on this 25th day of April, 2012, I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
P.O. Box 83720
Boise, Idaho 83720-0074
jjewell@puc.state.id.us
LXI-CLEC, LLC
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U. S. Mail
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APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
LXI-CLEC
ICC V0IP Amendment
to the Interconnection Agreement between
Qwest Corporation dba CenturyLink QC
and
LXI-CLEC, LLC
for the State of Idaho
This Amendment ("Amendment") is to the Interconnection Agreement between Qwest
Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and LXI-CLEC, LLC
("CLEC"), an Idaho limited liability company. CenturyLink and CLEC shall be known jointly as
the "Parties".
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement, for service in the State of
Idaho, that was approved by the Commission in 2011 ("Agreement"); and
WHEREAS, the Federal Communications Commission in Docket No. 01-92, In the Matter of
Developing a Unified Intercarrier Compensation Regime, issued an order that affects the Parties
rights and obligations with respect to the exchange of VoIP traffic between CLEC providers and
LECs in addition to revised call signaling rules effective December 29, 2011 ("FCC Order" or
"Order"); and
WHEREAS, the Parties agree to amend the Agreement in response to the FCC Order with 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 replacing and adding terms, conditions, and rates as set
forth in Attachment 1 and Exhibit A, attached hereto and incorporated herein by this reference.
The provisions included in Attachment 1 are intended to supersede and replace the same
numbered provisions in the Agreement and be added to the Agreement to the extent that the
applicable numbered provision is not currently in the Agreement.
By signature on this Amendment, CLEC has elected to modify existing contract terms in order to
implement the applicable provisions of the above mentioned Order.
March 30, 201 2/mms/LXI-CLEc, ciicc VoIP Amendment/ID
Amendment to CDS.1 10818-0001 - (v2-7-12)
DocuSign Envelope ID: BE364B64-16A0-47EB-9B6C-E43923907AAC
Effective Date
This Amendment shall be deemed effective upon Commission approval; however, pursuant to
the Parties Agreement change in law language, the Parties agree to implement the provisions of
this Amendment as of December 29, 2011.
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'
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 occurrence.
Entire Agreement
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, which may be in multiple counterparts, each of which is deemed an original, but all
of which shall constitute one and the same instrument.
LXI-CLEC, LLC Qwest Corporation dba CenturyLink QC
DucuSigned W.E t f2ô4thZ
D8264OO77BB44DI...
Signature
Nate Bondelid
Name Printed/Typed
CEO
Title
4/2/2012
Date
05E9FC688057454...
i
LDocusignd By: L T Christ.nsn
Signature
L.T. Christensen
Name Printed/Typed
Director - Wholesale Contracts
Title
4/2/2012
Date
March 30, 201 2/mms/LXI-cLEc, LLC/ICC VoIP Amendment/ID
Amendment to CDS-1 10818-0001 - (v2-7-12)
Attachment 1
ICC Voice over Internet Protocol (V0IP) Amendment
Notwithstanding anything set forth in the Agreement to the contrary, the following terms and
provisions shall govern the intercarrier compensation between the Parties for the exchange of
VoIP-PSTN Traffic.
Section 4.0 - DEFINITIONS
"VoIP-PSTN Traffic" includes any traffic previously referred to in the Agreement as "VoIP" or
"V0IP Traffic" or "IP Enabled Voice Traffic", and is defined as traffic which is exchanged
between a CenturyLink end user and the CLEC end user in Time Division Multiplexing ("TDM")
format that originates and/or terminates in Internet Protocol ("IP") format, as determined in the
Order, and terminates to a Party's End User Customer.
"Local VoIP-PSTN Traffic" is Vol P-PSTN Traffic that physically originates and terminates within
the Local Calling Area as determined by the Commission.
"Toll VoIP-PSTN Traffic" is VoIP-PSTN Traffic that physically originates and terminates in
different Local Calling Areas as determined by the Commission.
Section 7.0 - INTERCONNECTION
7.2 Exchange of Traffic
7.2.1.3 Local VoIP-PSTN Traffic and Toll Vol P-PSTN Traffic may be exchanged under
this Agreement.
7.2.1.3.1 Switched Access Traffic, including but not limited to InterLATA Traffic,
other than Toll VoIP-PSTN Traffic or Jointly Provided Switched Access Traffic, may not
be exchanged under this Agreement. In the event CLEC routes lnterLATA Traffic to
CenturyLink in violation of this section, CenturyLink shall be entitled to seek injunctive
relief and to recover damages, including without limitation, compensation for such traffic
at the rate that is then applicable to such access traffic.
7.3 Intercarrier Compensation
7.3.8 Signaling Parameters: CenturyLink and CLEC are required to provide each other the
proper signaling information (e.g., originating Calling Party Number (CPN), Charge Number
(ChN) and destination called party number, etc.) as required by Applicable Law and further
clarified by the FCC Order to enable each Party to issue bills in a complete and timely fashion.
All CCS signaling parameters will be provided unchanged including CPN, calling party category,
ChN and Originating Line Information Parameter (OLIP) on all calls. All privacy indicators will
be honored. The ChN is to be passed unaltered in SS7 signaling fields where it is different than
CPN; ChN must not be populated with a number associated with an intermediate switch,
platform, or gateway, or other number that designates anything other than a calling party's
charge number; and if MF signaling is used by the CLEC then the ChN must be included in the
ANI field if different from the CPN. Where SS7 connections exist, each Party shall pass all CCS
signaling parameters, where available, on each call carried over Interconnection trunks. If either
Party fails to provide valid originating information such traffic will be billed as Intrastate Switched
Access when the calls traverse an interconnection trunk. The Parties will coordinate and
March 30, 2012/mms/LXI-CLEC, LLC/ICC VoIP Amendment/ID
Amendment to CDS-1 10818-0001 - (v2-7-12) 3
exchange data as necessary to determine the cause of the CPN/ChN failure and to assist its
correction.
7.3.9 Vol P-PSTN Traffic
7.3.9.1 Local VoIP-PSTN Traffic
7.3.9.1.1 CLEC and CenturyLink will exchange Local VoIP-PSTN Traffic on the
same basis and at the same rates as Exchange Service (EAS/Local) Traffic and such
Local VoIP-PSTN Traffic will be identified as such by using the originating and
terminating call detail information of each call unless the Parties specifically agree
otherwise. This call jurisdiction method described herein is intended by the Parties as a
proxy to determine the jurisdiction of a call, i.e., the actual geographic end points of the
call, and the Parties acknowledge that there may be some circumstances where the
actual geographic end points of a particular call may be difficult or impossible to
determine. At any time during the term of this Agreement, CLEC and CenturyLink may
agree on alternate methods to establish call jurisdiction based on regulatory or
technological evolution. The Parties agree that it is in the best interest of both Parties to
work together in an effort to continue to improve the accuracy of jurisdictional data and
such efforts shall not be reasonably withheld by either Party.
7.3.9.2 Toll VoIP-PSTN Traffic
7.3.9.2.1 CLEC and CenturyLink will exchange Toll VoIP-PSTN Traffic at each
Party's interstate access rates and such Toll V0IP-PSTN Traffic will be identified as
lnterLATA Traffic or IntraLATA Toll Traffic by using the originating and terminating call
detail information of each call unless the Parties specifically agree otherwise. This call
jurisdiction method described herein is intended by the Parties as a proxy to determine
the jurisdiction of a call, i.e., the actual geographic end points of the call, and the Parties
acknowledge that there may be some circumstances where the actual geographic end
points of a particular call may be difficult or impossible to determine. At any time during
the term of this Agreement, CLEC and CenturyLink may agree on alternate methods to
establish call jurisdiction based on regulatory or technological evolution. The Parties
agree that it is in the best interest of both Parties to work together in an effort to continue
to improve the accuracy of jurisdictional data and such efforts shall not be reasonably
withheld by either Party.
7.3.9.2.1.1 InterLATA Traffic which is Toll VolP-PSTN Traffic will be
exchanged at each Party's interstate access tariff rates. Any Transit Traffic
which is both interLATA and Toll VoIP-PSTN will be exchanged at each Party's
interstate switched access service rates. InterLATA Traffic which is not Toll
Vol P-PSTN Traffic shall be subject to 7.2.1.3. 1.
7.3.9.2.1.2 IntraLATA Toll Traffic which is Toll VoIP-PSTN Traffic will be
exchanged at each Party's interstate access tariff rates. Both Parties will use the
Local Interconnection Service Percent VoIP Usage (LIS-PVU) factor in Exhibit A
to determine the amount of IntraLATA Toll Traffic that shall be deemed as Toll
VoIP-PSTN Traffic. The Parties shall also apply the LIS-PVU factor to any
Transit Traffic which is IntraLATA Toll Traffic, which shall be exchanged at
March 30, 201 2/mms/LXI-cLEc, LLC/ICC VoIP Amendment/ID
Amendment to DS-1 10818-0001 - (v2-7-12) 4
interstate switched access tariff rate. The LIS-PVU factor may be updated by a
further Amendment mutually negotiated by the Parties.
7.3.9.2.1.2.1 The LIS-PVU factor shall be the percentage of total
terminating IntraLATA Toll Traffic which is Toll VoIP-PSTN Traffic, that in
the absence of such LIS-PVU, would be billed at intrastate access rates.
The LIS-PVU factor shall be based on information such as the number of
the CLEC's retail VoIP subscriptions in the state (e.g., as reported on
FCC Form 477), traffic studies, actual call detail, or other relevant and
verifiable information which will be exchanged by the Parties.
7.3.9.2.1.3 The portion of LIS facilities used for Toll VolP-PSTN Traffic will be
billed at CenturyLink's interstate access tariff rates after the application of
Relative Use Factor. CenturyLink will use the Local Interconnection Service
Facilities Percent VoIP Usage (LIS-Facility-PVU) factor in Exhibit A to determine
the portion of Entrance Facility, Direct Trunk Transport, and MUX that shall be
deemed the portion of the facility used to carry Toll VoIP-PSTN Traffic.
7.3.9.2.1.3.1 The LIS- Facility- PVU factor shall be the percentage of
the total traffic CLEC routes to CenturyLink for termination which is Toll
V0IP-PSTN Traffic. The CLEC shall determine their Toll VolP-PSTN
Traffic based on information such as the number of the CLEC's retail
VoIP subscriptions in the state (e.g., as reported on FCC Form 477),
traffic studies, actual call detail, or other relevant and verifiable
information which the Parties will exchange.
7.3.9.2.1.4 CenturyLink shall provide billing adjustments on a quarterly basis
until such time as billing system modifications can be implemented to apply the
applicable rate to all Toll VolP-PSTN Traffic on an automated basis. These
adjustments shall not be treated as billing errors under PID/PAP.
March 30, 201 2/mms/LXI-CLEC, LLC/ICC VoIP Amendment/ID
Amendment to CDS-1 10818-0001 - (v2-7-12)
ICC VoIP Amendment Exhibit A
EAS I Local Traffic
Reciprocal Compensation
Election
7.12 ITall V0IP-PSTN Traffic I - -
Ce - 7.12.1 Toll VoIP-PSTN Traffic CenturyLink nturyLink
Interstate I Interstate
Access Tariff Access Tariff
7.12.2 Local Interconnection Service VOIP Percent 0% 0% 3 3
of IntraLATA Usage (LIS-PVU)
- 7.12.3 Local Interconnection Service VOIP - - - 0% 0% 3 3 -
IPercent of Facilities (LIS-Facility-PVU)
3 IICB. Individual Case Basis
Exhibit A 19th Revision
March 7, 2011 Page 1 of 1