April 12, Ms. Mary Jo Kunkle Executive Secretary Michigan Public Service Commission P.O. Box Lansing, MI 48909

Size: px

Start display at page:

Download "April 12, Ms. Mary Jo Kunkle Executive Secretary Michigan Public Service Commission P.O. Box Lansing, MI 48909"

Camron Holmes
5 years ago
Views:

1 Jason D. Topp Associate General Counsel - Regulatory (651) April 12, 2016 Ms. Mary Jo Kunkle Executive Secretary Michigan Public Service Commission P.O. Box Lansing, MI Re: In the Matter of the Interconnection Agreement By and Between CenturyTel Midwest-Michigan, Inc., dba, CenturyTel of Michigan, Inc., dba, CenturyTel of Northern Michigan, Inc., dba, and CenturyTel of Upper Michigan, Inc., dba and Windstream NTI, Inc. MPSC Case No. U Dear Ms. Kunkle: Enclosed for filing is an electronic copy of the Joint Application for Approval of the Interconnection Agreement ( Agreement ) by and between CenturyTel Midwest-Michigan, Inc., dba, CenturyTel of Michigan, Inc., dba, CenturyTel of Northern Michigan, Inc., dba, and CenturyTel of Upper Michigan, Inc., dba (collectively ) and Windstream NTI, Inc. A fully executed copy of the Agreement is attached to the Joint Application. Sincerely, JDT/bardm Enclosures Jason D. Topp

STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION ********* In the Matter of the Joint Request for Commission Approval of the Traffic Exchange Agreement by and between CenturyTel of

U-18075 JOINT APPLICATION CenturyTel of Michigan, Inc. d/b/a, CenturyTel Midwest-Michigan, Inc. d/b/a, CenturyTel of Northern Michigan, Inc. d/b/a, CenturyTel of Upper Michigan, Inc.

2 STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION ********* In the Matter of the Joint Request for Commission Approval of the Traffic Exchange Agreement by and between CenturyTel of Michigan, Inc. d/b/a, CenturyTel Midwest-Michigan, Inc. d/b/a, CenturyTel of Northern Michigan, Inc. d/b/a, CenturyTel of Upper Michigan, Inc. d/b/a and Windstream NTI, Inc. Case No. U JOINT APPLICATION CenturyTel of Michigan, Inc. d/b/a, CenturyTel Midwest-Michigan, Inc. d/b/a, CenturyTel of Northern Michigan, Inc. d/b/a, CenturyTel of Upper Michigan, Inc. d/b/a (collectively "") and Windstream NTI, Inc. ("Windstream NTI"), hereby jointly apply to the Michigan Public Service Commission ("Commission") pursuant to Section 203(1) of the Michigan Telecommunications Act ("MTA"), as amended, MCL (1), and Section 252(e)(1) of the Telecommunications Act of 1996 (the "Act"), 47 U.S.C. 252(e)(1), for approval of the Traffic Exchange Agreement ("Agreement") by and between and Windstream NTI. In support of this joint application, and Windstream NTI state as follows: 1. is an authorized provider of telecommunications services to the public in its various exchanges and zones throughout the State of Michigan. 2. Windstream NTI is an authorized provider of local wireline telecommunications services in the State of Michigan. 3. Pursuant to Sections 251 and 252 of the Act, Windstream NTI requested adoption of the terms and conditions of the Traffic Exchange Agreement by and between

Level 3 Communications, LLC, that was approved by the Commission on July 23, 2015, in Case No. U-17893. 4. and Windstream NTI engaged in good faith negotiations for the Agreement.

Pursuant to 252(e)(1) of the Act, and Windstream NTI respectfully request expedited approval of the joint application without any public hearing or formal solicitation of comments.

The joint application and the Agreement provide the Commission with sufficient information to approve the Agreement under the standards of 252(e)(1) and (2) of the Act.

3 Level 3 Communications, LLC, that was approved by the Commission on July 23, 2015, in Case No. U and Windstream NTI engaged in good faith negotiations for the Agreement. These negotiations resulted in a completion of the Agreement. A copy of the executed Agreement is attached to this Joint Application. 5. The Agreement meets all the requirements of the Act. Pursuant to 252(e)(1) of the Act, and Windstream NTI respectfully request expedited approval of the joint application without any public hearing or formal solicitation of comments. No hearing is required under MTA 203 or 252 of the Act. 6. The joint application and the Agreement provide the Commission with sufficient information to approve the Agreement under the standards of 252(e)(1) and (2) of the Act. Wherefore, and Windstream NTI respectfully request expedited approval of the Traffic Exchange Agreement by and between and Windstream NTI pursuant to MTA 203 and 252(e)(1) of the Act. Dated this 12th day of April, Windstream NTI, Inc. Centu R ink 777,51. Scott Terry Sr. Negotiator & Account Manager 4001 Rodney Parham Road B1F A Little Rock, AR (501) Scott.a.terry@windstream.corn Topp 00 South Fifth Street, Room 2200 Minneapolis, MN (651) Jason.topp@centurylink.com

Adoption of the Traffic Exchange Agreement By INTELLIFIBER NETWORKS, INC.; LDMI TELECOMMUNICATIONS, INC.; MCLEODUSA TELECOMMUNICATIONS SERVICES, LLC; PAETEC COMMUNICATIONS, INC.; TALK AMERICA, INC.

4 Adoption of the Traffic Exchange Agreement By INTELLIFIBER NETWORKS, INC.; LDMI TELECOMMUNICATIONS, INC.; MCLEODUSA TELECOMMUNICATIONS SERVICES, LLC; PAETEC COMMUNICATIONS, INC.; TALK AMERICA, INC.; WINDSTREAM KDL, INC.; WINDSTREAM NORLIGHT, INC.; WINDSTREAM NTI, INC. Adopting the Traffic Exchange Agreement Between CENTURYTEL MIDWEST- MICHIGAN, INC., DBA CENTURYLINK; CENTURYTEL OF MICHIGAN, INC., DBA CENTURYLINK; CENTURYTEL OF NORTHERN MICHIGAN, INC., DBA CENTURYLINK; CENTURYTEL OF UPPER MICHIGAN, INC., DBA CENTURYLINK And LEVEL 3 COMMUNICATIONS, L.L.C. For the State of Michigan Adoption Agreement - (v ) Page 1 of 4

5 Adoption of the Traffic Exchange Agreement This Adoption of the Traffic Exchange Agreement ("Agreement") is entered into by and between CenturyTel Midwest-Michigan, Inc., dba ; CenturyTel of Michigan, Inc., dba ; CenturyTel of Northern Michigan, Inc., dba ; CenturyTel of Upper Michigan, Inc., dba ( ), or if multiple CTL companies (collectively referred to herein as without diminishing or affecting the separate and distinct legal entity status of each ILEC operating company), and Intellifiber Networks, Inc.; LDMI Telecommunications, Inc.; McLeodUSA Telecommunications Services, LLC; Paetec Communications, Inc.; Talk America, Inc.; Windstream KDL, Inc.; Windstream Norlight, Inc.; Windstream NTI, Inc. ( CLEC ), each of which may be referred to herein as Party, or collectively as "the Parties", to establish the terms, conditions and rates for Traffic Exchange of Local traffic for the State of Michigan. NOW THEREFORE, the Parties agree as follows: 1. ADOPTED AGREEMENT 2. PARTY 1.1 This Agreement between the Parties shall consist of the Traffic Exchange Agreement entered into by and between CenturyTel Midwest-Michigan, Inc., dba ; CenturyTel of Michigan, Inc., dba ; CenturyTel of Northern Michigan, Inc. dba ; CenturyTel of upper Michigan, Inc. dba and Level 3 Communications, LLC, that was signed June 12, 2015 ("Adopted Agreement") 1.2 This Agreement is made a part of and incorporates the terms and conditions of the Adopted Agreement, including all amendments to that Adopted Agreement (the Terms ). 1.3 Except as set forth herein, the Adopted Agreement remains unchanged and in full force and effect. In the event of a conflict between the Terms of the Adopted Agreement and this Agreement, this Agreement will control. 1.4 Unless otherwise stated differently in the Agreement, all obligations are ILEC operating company-specific obligations and are not obligations that are jointly-provided or otherwise shared between the listed operating companies as a collective entity. For the purposes of this Agreement, CLEC is hereby substituted in the Adopted Agreement for Level 3 Communications, LLC. 3. PROVISIONS 3.1 The Terms of the Level 3 Communications, LLC Agreement are being adopted in its entirety by CLEC pursuant to CLEC s statutory rights under Section 252(i). The filing and performance by of the Terms does not in any way constitute a waiver by of any position as to the Terms or a portion thereof, nor does it constitute a waiver by of any or all rights and remedies it may have to seek review of the Terms, or to seek review in any way of any provisions included in these Terms as a result of CLEC s 252(i) election. 3.2 Should CLEC attempt to apply the adopted Terms in a manner that conflicts with the provisions set forth herein, reserves its rights to seek appropriate legal and/or equitable relief. 3.3 CLEC understands that it is providing a representation and warrants that it is complying with all provisions of the Adopted Agreement as of the effective date of the adoption. Adoption Agreement - (v ) Page 2 of 4

6 4. EFFECTIVE DATE AND TERM 4.1 This Agreement, if an initial Agreement shall become effective on the date of Commission Approval ( Effective Date ); however the Parties may agree to implement the provisions of this Agreement upon execution by both Parties. However, the initiation of a new account, any new provision of service or obligation or any revision to currently existing services or obligations may take up to 60 days to accommodate any required initial processes. 4.2 In the event that the Parties currently have an existing Traffic Exchange Agreement, this Agreement shall replace the existing Traffic Exchange Agreement in its entirety beginning on the Effective Date. However, nothing relieves the Parties from fulfilling all obligations incurred under that prior Traffic Exchange Agreement. 4.3 The expiration date of this Adoption Agreement shall be the same as the expiration date of the agreement that is being adopted, which is June 12, NOTICES Except as otherwise provided, all notices and communication hereunder will be deemed to have been duly given when made in writing and delivered in person or deposited in the U.S. mail, certified, postage paid, return receipt requested, and addressed as follows: To : With Copy to: Legal Department Director Wholesale Contracts Wholesale Interconnection th Street, 6th Floor 1801 California Street, 9th Floor Denver, CO Denver, CO Phone: Phone: intagree@centurylink.com legal.interconnection@centurylink.com To CLEC: With Copy to: Senior Negotiator & Account Manager Director-Carrier Interconnect Attn: Scott Terry Attn: Lynne Hughes 4001 Rodney Parham Road 4001 Rodney Parham Road B1F A B1F A Little Rock, AR Little Rock, AR Scott.a.terry@windstream.com s.lynn.hughes@windstream.com Office: Office: Fax: Fax: REGULATORY REQUIREMENTS 6.1 CLEC represents and warrants that it is authorized to provide telecommunications services in the State of Michigan. 6.2 The Parties will cooperate to file this Agreement with the Commission for approval and complete all attendant requirements of the Commission for such approval. IN WITNESS WHEREOF, CLEC and have caused this Agreement to be executed by their respective duly authorized representatives. ; Adoption Agreement - (v ) Page 3 of 4

Intellifiber Networks, Inc. LDMI Telecommunications, Inc. McLeodUSA Telecommunications Services, LLC Paetec Communications, Inc. Talk America, Inc. Windstream KDL, Inc.

7 Intellifiber Networks, Inc. LDMI Telecommunications, Inc. McLeodUSA Telecommunications Services, LLC Paetec Communications, Inc. Talk America, Inc. Windstream KDL, Inc. CenturyTel Midwest-Michigan, Inc., dba CenturyTel of Michigan, Inc., dba CenturyTel of Northern Michigan, Inc., dba CenturyTel of Upper Michigan, Inc., dba Windstream Norlight, Inc. Windstream NTI, Inc. By: By: Name : S. Lynne Hughes Name: Diane Roth Title: Director Carrier Interconnect Title: Director Wholesale Date: Date: Adoption Agreement - (v ) Page 4 of 4

October 2, Via Overnight Delivery and

October 2, Via Overnight Delivery and Russell M. Blau Jeffrey R. Strenkowski russell.blau@bingham.com jeffrey.strenkowski@bingham.com Via Overnight Delivery and E-Mail Oregon Public Utility Commission Attn: Filing Center 550 Capitol Street,