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HomeMy WebLinkAbout20241101Application.pdf LU M cc. No RECEIVED Friday, November 1, 2024 November 1, 2024 IDAHO PUBLIC UTILITIES COMMISSION Via Email Submission secretary@pucddaho.gov Ms. Monica Barrios-Sanchez Commission Secretary Idaho Public Utilities Commission 11331 W. Chinden Blvd., Bldg. 8, Ste. 201-A Boise, ID 83714 Monica.barriossanchezkpuc.Idaho.gov Re: Case No.: QWE-T-24-04 Application for Approval of Amendment to Interconnection Agreement Dear Ms. Barrios-Sanchez: Enclosed for filing and Commission approval is an Application for Approval of Amendment to Interconnection Agreement along with the Wireless Mid-Span Meet POI Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC ("CentaryLink") and Custer Telephone Cooperative, Inc. dba CusterTel Wireless 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, Josie Addington Legal Assistant Attachments cc: Service List 206-806-7339 Josie.addington(cDlumen.com Joshua S. Trauner(NYSBA#4455861) Lumen Technologies, Inc. 100 CenturyLink Drive Monroe, LA 71203 510 342 3281 Joshua.traunerglumen.com BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION APPLICATION OF QWEST CORPORATION DBA CASE NO.: QWE-T-24-04 CENTURYLINK QC FOR APPROVAL OF AN AMENDMENT TO INTERCONNECTION APPLICATION FOR APPROVAL OF AGREEMENT WITH CUSTER TELEPHONE AMENDMENT TO INTERCONNECTION COOPERATIVE,INC.DBA CUSTERTEL AGREEMENT WIRELESS PURSUANT TO 47 U.S.C.§252(e) 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 August 8, 2024 under Order No. 36288 (the "Agreement"). The Wireless Mid-Span Meet POI Amendment ("Amendment") between CenturyLink and Custer Telephone Cooperative, Inc. dba CusterTel Wireless ("CusterTel Wireless") 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 APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT CUSTERTEL WIRELESS —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 CusterTel Wireless 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 lst day of November, 2024. CENTURYLINK Josh a S. Trauner Att ey for Qwest Corporation dba ntury CeLink QC APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT CUSTERTEL WIRELESS —Page 2 CERTIFICATE OF SERVICE I hereby certify that on this 1st day of November, 2024, I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT upon all parties of record in this matter as follows: Monica Barrios-Sanchez, Secretary Hand Delivery Idaho Public Utilities Commission U. S. Mail 472 West Washington Street Overnight Delivery P.O. Box 83720 Facsimile Boise, Idaho 83720-0074 XX Email secretary�ic ]2uc.idaho.gov J.D. Bennetts, CEO/General Manager Hand Delivery Jd.bennetts(&custertel.com U. S. Mail Overnight Delivery Facsimile XX Email We-I! Josi Addington APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT CUSTERTEL WIRELESS —Page 3 Wireless Mid-Span Meet POI Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Custer Telephone Cooperative, Inc. d/b/a CusterTel Wireless for the State of Idaho This is an Amendment ("Amendment") to the Type 2 Wireless Interconnection Agreement between Qwest Corporation dba CenturyLink QC ("CenturyLink"), a Colorado corporation, and Custer Telephone Cooperative, Inc. d/b/a CusterTel Wireless ("WSP"), an Idaho corporation, (collectively, the "Parties"). RECITALS WHEREAS, the Parties entered into a Type 2 Wireless Interconnection Agreement ("Agreement") for service in the state of Idaho which was executed concurrent with this Amendment; and WHEREAS, the Parties wish to amend the Agreement further under the terms and conditions contained herein; and WHEREAS, WSP's affiliate, Custer Telephone Cooperative, Inc. is an ILEC operating outside of CenturyLink's service territory and CenturyLink and Custer Telephone Cooperative, Inc. have jointly provisioned a facility between them which is used for the exchange of traffic between CenturyLink and Custer Telephone Cooperative, Inc., and CenturyLink and WSP wish to use that facility for the separate exchange of traffic between CenturyLink and WSP; 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 Mid-Span Meet POI 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; however, the Parties may agree to implement the provisions of this Amendment upon execution. To accommodate this need, WSP must generate, if necessary, an updated Customer Questionnaire. In addition to the Questionnaire, all system updates will need to be completed by CenturyLink. WSP 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 February 20,2024/kjc/Custer Telephone Cooperative/Wireless Midspan Meet POI Amd/ID Amendment to CDS-240220-0001 (v. 03.31.2015-1) 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 WSP'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 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, in multiple counterparts, each of which is deemed an original, but all of which shall constitute one and the same instrument. Custer Telephone Cooperative, Inc. Qwest Corporation dba CenturyLink QC d/b/a CusterTel Wireless JD Ben nets(Feb 21,20z�MST) Kim be rly J.Pov (F 2,202406:05 CST) Signature Signature J.D. Bennetts Kimberly J. Povirk Name Printed/Typed Name Printed/Typed CEO/General Manager Sr. Dir. Bus. Ops Wholesale Sales Title Title Feb 21,2024 Feb 22,2024 Date Date February 20,2024/kjc/Custer Telephone Cooperative/Wireless Midspan Meet POI Amd/ID Amendment to CDS-240220-0001 (v. 03.31.2015-1) ATTACHMENT 1 ATTACHMENT 1 CenturyLink and WSP's affiliated ILEC have previously exchanged traffic using facilities established for the exchange of traffic between CenturyLink and WSP's affiliated ILEC operation. In order to efficiently use the Parties' network facilities, the existing ILEC facility will be treated as a "Mid-Span Meet POI" point of interconnection, as defined below. WSP will provision separate trunks on the existing facility for its non-ILEC traffic and represents and warrants that it will not use any trunks over the existing facility established for use in its ILEC operations for any traffic that is governed by this Agreement. Should either WSP's affiliated ILEC or CenturyLink request to alter the arrangements for the existing ILEC meet point facility, the WSP and CenturyLink will be required to re-negotiate a WSP POI and the existing WIS trunk groups may need to be re- provisioned. 1. Mid-Span Meet POI. A Mid-Span Meet POI is a negotiated Point of Interface, limited to the Interconnection of facilities between the CenturyLink Serving Wire Center location and the location of the WSP switch or other equipment located within the area served by the CenturyLink Serving Wire Center. The Parties will use the existing facilities in place between WSP's affiliated ILEC and CenturyLink, establishing a Mid-Span Meet POI within CenturyLink's franchised service territory over which WSP will establish its WIS trunking. For any additional Mid-Span Meet POls that WSP may request, the actual physical Point of Interface and facilities used will be subject to negotiations between the Parties. Each Party will be responsible for its portion of the build to the Mid-Span Meet POI. Any ILEC meet point established to a CenturyLink Remote Switch cannot be used to establish a Wireless Mid-Span Meet POI. The Mid-Span Meet POI will be used exclusively as an Interconnection facility and cannot be used for other purposes such as Unbundled Network Elements or Access Services. February 20,2024/kjc/Custer Telephone Cooperative/Wireless Midspan Meet POI Amd/ID Amendment to CDS-240220-0001 (v. 03.31.2015-1)