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HomeMy WebLinkAbout20190725Prior Case No. QWE-T-08-05.pdfLisa A. Anderl (WSBA#13236) Centurylink 1600 7th Ave, Room 1506 Seattle, Washington 98 191 Telephone: (206) 345-l5l 4 li sa. anderl@centurylink. com Appr,rcerroN oF Qwnsr ConrouuoN DBA CBNrunyLrNK QC Fon AppnovAl oF AN AurNovrnNT To IxrnncoNNECTIoN AcRBBUnNT wrrH XO CoUUUNICATIoN Srnvrcrso LLC PunsuANr ro 47 U.S.C. $2s2(e) APPLICATIoN FoR APPRoVAL oF AMENDMENT To INTgncouIqpcTIoN AGREEMENT XO CoMMUNTCATToN SrRVrcES, LLC - Page I BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION CASE NO.: QWE-T-08-05 APPLICATION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT R ICIIV[D iill9 JUL 25 $F{ il:35 i -li,i il iiJ.,Lli I i rLiilIS C0t{t{lSSl0N CenturyLink 1600 7'h Ave., Suite 1506 Seattle, WA 98191 Telephone: (206) 398-2500 Qwest Corporation dba Centurylink QC ("CenturyLink") hereby hles this Application for Approval of Amendment to the Interconnection Agreement. The Interconnection Agreement was approved by the Idaho Public Utilities Commission on July 3, 2008 under Order No. 30589 (the "Agreement"). The Reciprocal Compensation Bill and Keep Amendment to the Interconnection Agreement ("Amendment") between Centurylink and XO Communication Services, LLC ("XO Communication") 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 XO Communication to interconnect with Centurylink facilities and to provide customers with increased choices among local telecommunications services. CenturyLink funher 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 L4fl aay of July, 2[lg. CENTURYLINK Lisa A. Anderl Attorney for Qwest Corporation dba Centurylink QC APPLICATIoN FoR APPRoVAL oF AMENDMENT To INTERCoNNECTIoN AcRppusNt XO CouuuNrCATroN SERVTCES, LLC - Page 2 CenturyLink 1600 7'h Ave., Suite 1506 seaule, wA 98191 Telephone: (206) 398-2500 CERTIFICATE OF SERVICE I hereby certify that on tnis NU day of July ,2[lg,I served the foregoing APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT upon all parties of record in this matter as follows: Diane Hanian, Secretary Idaho Public Utilities Commission 47 2 W est Washington Street P.O. Box 83720 Boise, Idaho 83720-0074 Diane.Hanian@puc. idaho. gov XO Communication Services, LLC Daniel J. Higgins AVP-Carrier Management Daniel.higgins@verizon.com Hand Delivery U. S. MailXX Overnight Delivery Facsimile Email Hand Delivery U. S. Mail Overnight Delivery Facsimile XX Email q,, ful/lJosie4.ddifigton / APPLICATIoN FoR APPRoVAL oF AMENDMENT To INTEncoNNEcTIoN AcnepN,leNr XO CovuuNrcArroN SenvrcEs, LLC - Page 3 CenturyLink I 600 7ft Ave., Suite I 506 Seattle, WA 98191 Telephone: (206) 398-2500 Reciprocal Compensation Bill and Keep Amendment to the lnterconnection Agreement between Qwest Corporation dba CenturyLink QC and XO 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 XO Communication Services, LLC ('CLEC"). CenturyLink and CLEC shall be known jointly as the "Parties". WHEREAS, the Parties entered into an lnterconnection Agreement ("Agreement") for service in the state of ldaho which was approved by the Commission on July 3, 2008; 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 for Reciprocal Compensation to be at Bill and Keep for the exchange of Exchange Service or Extended Area Service (EAS/Local) Traffic as set forth in Exhibit A 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. 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 April 26, 2019/kjc-swd/Bill & Keep Amd/XO/lD CDS-08041 5-0003 (v.01.01.201 9) RECITALS 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. XO Communication Services, LLC Qwest Corporation dba GenturyLink QC WerZ$wteL Kimier/u 7. Poltkrfi-i;r-. ; -'ctl, Signature DanielJ. Hiqqins Name Printed/Typed AVP - Carrier Manaqement Title Jun 3, 2019 Date April 26, 2019/kjc-swd/Bill& Keep Amd/XO/lD CDS-08041 5-0003 (v.01 .01 .201 9) Name Printed/Typed Director - Sales Support Signature Kimberly J. Povirk Title Jun 3, 2019 Date Efiibit A ldaho EAS / Local Traffic R6ciprocal Compensation Amendment Options Bill and Keep Notes 7.0 lnterconnection 7 c lntentionallv Lefl Bland 7.6.2 ntentionally Left Blank 7.6.3 lntentionallv Left Blank 7.6.4 7.6.5 lntentionallv Left Blank 7.6.6 lntentionallv Left Blank 7 .6.7 ntentionally Lefl Blank 7.6.I Bill and Keep7.6.8.1 lEnd Office Call on, per Minute of Use $0.00000 c l\,1inute ofSwitchedTandem $0.00000 c $0.000000 $0.00000017.6.8.3.1 Over0toSl\4iles c c I 7.6.8.3.2 Over 8 to 25 Miles $0.000000 $0.000000 c $0.000000 $0.000000)ver17.6.8.3.3 to 50 Miles c c 17.6.8.3.4 Over 50 N4iles $0.000000 $0.000000 C c NOTES: FCC Docket No. 01-92 Effective 12-29-'l'l Page 1 of 1 Re9ulr&|lg Reaur?ing Per Mile Non- Recurrlng vm()=n=moO !o zfro i.2 aed & oer Milc)