BEFORE THE PUBLIC UTILITIES COMMISSION OF NEV ADA. Petition of ) Nevada ) AT&T Nevada ) of ) ) )
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1 Contract Id: BEFORE THE PUBLIC UTILITIES COMMISSION OF NEV ADA Petition of ) Nevada ) AT&T Nevada ) of ) ) ) ) Docket JOINT PETITION FOR APPROVAL OF AMENDMENT TO INTERCONNECTION AGREEMENT PURSUANT TO SECTION 252 OF THE TELECOMMUNICATIONS ACT OF 1996 NOW COMES, BCN TELECOM, INC. ("CLEC'') and NEV ADA BELL TELEPHONE COMPANY D/B/ A AT&T NEV ADA AND AT&T WHOLESALE 1 ("AT&T Nevada") (CLEC and AT&T Nevada collectively referred to herein as, the "Parties") who hereby apply to this Commission for approval of Amendment # to their Interconnection Agreement. In summary, this Interconnection Amendment will incorporate the FCC's Lifeline Order and updates the Notice Language. The Parties now submit the Amendment for approval in accordance with the terms of Section 252(e) of The Telecommunications Act of 1996 (TA 1996). The Parties request that the Commission approve the Amendment in accordance with the requirements of Section 252( e) of TA 1996, by determining that the grounds for rejection of such Amendment, set forth in Section 252( e)(2)(a)(i) and Section 252( e )(2)(A)(ii), are not applicable to the Amendment. With respect to Section 252( e )(2) of TA 1996, the Parties assert that the Amendment does not discriminate against any telecommunications carrier not a party to the Amendment. The implementation of the Amendment is consistent with 1
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3 Draft Notice Application for Applications, Petitions and Complaints The Commission requires a draft notice be included with all applications, petitions and complaints. See Nevada Administrative Code Please include one copy of this form with all the above filings. I. Include a title that describes the relief requested, or proceeding scheduled pursuant to Nevada Administrative Code ( NAC ) (5)(a.) Joint Petition filing between AT&T Nevada and BCN Telecom, Inc. for approval of an interconnection agreement amendment. II. Include the name of the applicant, complainant, petitioner, or the name of the agent for same pursuant to NAC (5)(b). AT&T Nevada and BCN Telecom, Inc. III. Include a paragraph with a brief description of the purpose of the filing or proceeding with an introductory statement in plain English understandable to a person of average knowledge and intelligence, that summarizes the relief requested or proceeding scheduled, AND its impact upon consumers, pursuant to NAC (5)(c). AT&T Nevada and BCN Telecom, Inc. request that the Public Utilities Commission of Nevada approve a joint petition regarding an interconnection agreement amendment between the two parties. IV. A declaration by the applicant, petitioner, or complainant whether a consumer session is required by Nevada Revised Statute ( NRS ) (1). NAC (2) 1 These changes do not require a consumer session. V. If the draft notice pertains to a tariff filing, please include the tariff number and the sections or schedule number(s) being revised. n/a. 1 NRS Commission required to conduct consumer session for certain rate cases; Commission required to conduct general consumer session annually in certain counties. 1. The Commission shall conduct a consumer session to solicit comments from the public in any matter pending before the Commission pursuant to NRS to , inclusive, in which: (a) A public utility has filed a general rate application, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale or an application to clear its deferred accounts; and (b) The changes proposed in the application will result in an increase in annual gross operating revenue, as certified by the applicant, in an amount that will exceed $50,000 or 10 percent of the applicant s annual gross operating revenue, whichever is less. 2. In addition to the case-specific consumer sessions required by subsection 1, the Commission shall, during each calendar year, conduct at least one general consumer session in the county with the largest population in this state and at least one general consumer session in the county with the second largest population in this state. At each general consumer session, the Commission shall solicit comments from the public on issues concerning public utilities. Not later than 60 days after each general consumer session, the Commission shall submit the record from the general consumer session to the Legislative Commission.
4 CERTIFICATE OF SERVICE 252 Telecommunications Service List Joint Petition between AT&T Nevada and BCN Telecom, Inc. Docket No.: 15-xxxxx I hereby certify that I have this day served the foregoing documents upon all parties of record in this proceeding by mailing a copy thereof, properly addressed with postage pre-paid, or by electronic transmission to an acceptable location: Via UPS: Public Utilities Commission of Nevada Breanne Potter, Asst. Commission Secretary 1150 E. William Street Carson City, NV I hereby certify that I have this day served the foregoing documents upon other parties by mailing via U.S. Mail with postage pre-paid to: Public Utilities Commission of Nevada Staff Counsel 9075 W. Diablo Dr., Ste. 250 Las Vegas, NV Eric Witkoski, Esq. Bureau of Consumer Protection 555 E. Washington St., Ste Las Vegas, NV I hereby certify that I have this day served Document Available Notice by electronic transmission to an acceptable location to the list established pursuant to NAC : Tammy Cordova tcordova@puc.nv.gov Public Utilities Commission 9075 W. Diablo Dr., Ste. 250 Las Vegas, NV Roger Moffitt roger.moffitt@att.com AT&T Nevada 430 Bush St., Rm. 39 San Francisco, CA Eric Witkoski bcpserv@ag.nv.gov Bureau of Consumer Protection 555 E. Washington St., Ste Las Vegas, NV Connie Dike connie.m.dike@centurylink.com CenturyLink 6700 Via Austi Pkwy., Bldg. MCC2 Las Vegas, NV Tu Ann Tran tran@solup.com Sol Up USA 4305 Dean Martin Dr., Ste 150 Las Vegas, NV Julian Jacquez jjacquez@bcntele.com BCN Telecom, Inc Mt. Kemble Ave., Third Floor Morristown, NJ David Collier david.collier@att.com AT&T Services, Inc. 645 E. Plumb Lane, Rm. B128 Reno, NV Richard T. Howell rh2514@att.com AT&T Services, Inc. 208 S Akard St., Rm Dallas, TX
5 I hereby certify the foregoing documents are being made available for inspection at website Internet address: The foregoing documents are available in electronic or paper format by sending a request to: Paper: Nevada Bell Telephone Company d/b/a AT&T Nevada and AT&T Wholesale Richard T. Howell 208 S Akard St., Room Dallas, TX Electronic: rh2514@att.com Dated at Dallas, Texas on this 13 th day of January, Richard T. "Chip" Howell 2
6 Contract Id: Signature Page/AT&T-21STATE Page 1 of 2 BCN Version: 2Q14-04/10/14 AMENDMENT BETWEEN NEVADA BELL TELEPHONE COMPANY D/B/A AT&T NEVADA AND AT&T WHOLESALE AND BCN TELECOM, INC.
7 Contract Id: Signature Page/AT&T-21STATE Page 2 of 2 BCN Version: 2Q14-04/10/14 Signature: esigned - Julian Jacquez Name: esigned - Julian Jacquez (Print or Type) Title: Executive Vice President (Print or Type) Date: 14 Dec 2015 BCN Telecom, Inc. Signature: esigned - William A. Bockelman Name: esigned - William A. Bockelman (Print or Type) Title: Director (Print or Type) Date: 14 Dec 2015 Nevada Bell Telephone Company d/b/a AT&T NEVADA and AT&T Wholesale by AT&T Services, Inc., its authorized agent State Resale OCN ULEC OCN NEVADA H Description ACNA(s) ACNA Code(s) IGP
8 Amendment - Lifeline and Link Up Reform and Modernization/AT&T-21STATE Page 1 of 3 BCN Version: 09/21/15 AMENDMENT TO THE AGREEMENT BETWEEN BCN TELECOM, INC. AND NEVADA BELL TELEPHONE COMPANY D/B/A AT&T NEVADA AND AT&T WHOLESALE Contract Id: This amendment (the Amendment ) amends the Interconnection Agreement by and between Nevada Bell Telephone Company d/b/a AT&T NEVADA and AT&T Wholesale ( AT&T NEVADA ) and BCN Telecom, Inc. ( CLEC ). AT&T NEVADA and CLEC are hereinafter referred to collectively as the Parties and individually as a Party. WHEREAS, AT&T NEVADA and CLEC are Parties to an Interconnection Agreement under Sections 251 and 252 of the Communications Act of 1934, as amended (the Act ), approved October 28, 2014 and as subsequently amended (the Agreement ); and WHEREAS, pursuant to the Lifeline and Link Up Reform and Modernization et al., WC Docket No et al., Second Report and Order, FCC 15-71, Released June 22, 2015 ( FCC Order ), the Parties desire to amend the Agreement to implement the terms of the FCC Order. NOW, THEREFORE, in consideration of the promises and mutual agreements set forth herein, the Parties agree to amend the Agreement as follows: 1. This Amendment is composed of the foregoing recitals, the terms and conditions, set forth below, all of which are hereby incorporated in this Amendment by this reference and constitute a part of this Amendment. 2. Delete the rates, terms and conditions related to Lifeline and Link Up service offerings from the Agreement. Lifeline and Link Up service will no longer be available under the Agreement beginning 180 days after Federal Register publication of the Office of Management and Budget s (OMB) approval. 3. This Amendment shall be deemed to revise the terms and provisions of the Agreement only to the extent necessary to give effect to the terms and provisions of this Amendment. In the event of a conflict between the terms and provisions of this Amendment and the terms and provisions of the Agreement (including all incorporated or accompanying Appendices, Addenda, and Exhibits to the Agreement), this Amendment shall govern, provided, however, that the fact that a term or provision appears in this Amendment but not in the Agreement, or in the Agreement but not in this Amendment, shall not be interpreted as, or deemed grounds for finding, a conflict for purposes of this Amendment. 4. The Parties agree to replace Section 21.0 from the Agreement with the following language: 21.0 Notices 21.1 Notices given by CLEC to AT&T NEVADA under this Agreement shall be in writing (unless specifically provided otherwise herein), and unless otherwise expressly required by this Agreement to be delivered to another representative or point of contact, shall be pursuant to at least one of the following methods: delivered by electronic mail ( ) delivered by facsimile Notices given by AT&T NEVADA to the CLEC under this Agreement shall be in writing (unless specifically provided otherwise herein), and unless otherwise expressly required by this Agreement to be delivered to another representative or point of contact, shall be pursuant to at least one of the following methods: delivered by electronic mail ( ) provided CLEC has provided such information in Section 21.4 below delivered by facsimile provided CLEC has provided such information in Section 21.4 below Notices will be deemed given as of the earliest of: the date of actual receipt;
9 Amendment - Lifeline and Link Up Reform and Modernization/AT&T-21STATE Page 2 of 3 BCN Version: 09/21/ notice by shall be effective on the date it is officially recorded as delivered by delivery receipt and in the absence of such record of delivery, it shall be presumed to have been delivered on the date sent; on the date set forth on the confirmation produced by the sending facsimile machine when delivered by facsimile prior to 5:00 p.m. in the recipient s time zone, but the next Business Day when delivered by facsimile at 5:00 p.m. or later in the recipient s time zone; 21.4 Notices will be addressed to the Parties as follows: NOTICE CONTACT CLEC CONTACT NAME/TITLE Julian Jacquez Executive Vice President STREET ADDRESS 1200 Mt. Kemble Avenue, Third Floor CITY, STATE, ZIP CODE Morristown, NJ PHONE NUMBER* (304) FACSIMILE NUMBER (908) ADDRESS jjacquez@bcntele.com AT&T CONTACT NAME/TITLE Contract Management ATTN: Notices Manager FACSIMILE NUMBER (214) ADDRESS The current address as provided on AT&T s CLEC Online website Contract Id: *Informational only and not to be considered as an official notice vehicle under this Section Either Party may unilaterally change its designated contact name, address, address, and/or facsimile number for the receipt of Notices by giving written Notice to the other Party in compliance with this Section Unless explicitly stated otherwise, any change to the designated contact name, address, address, and/or facsimile number will replace such information currently on file. Any Notice to change the designated contact name, address, address, and/or facsimile number for the receipt of Notices shall be deemed effective ten (10) calendar days following receipt by the other Party In addition, CLEC agrees that it is responsible for providing AT&T NEVADA with CLEC s OCN and ACNA numbers for the states in which CLEC is authorized to do business and in which CLEC is requesting that this Agreement apply. In the event that CLEC wants to change and/or add to the OCN and/or ACNA information in the CLEC Profile, CLEC shall send written notice to AT&T NEVADA to be received at least thirty (30) days prior to the change and/or addition in accordance with this Section 21.0 notice provision; CLEC shall also update its CLEC Profile through the applicable form and/or web-based interface CLEC may not order services under a new account and/or subsequent state certification, established in accordance with this Section until thirty (30) days after all information specified in this Section is received from CLEC CLEC may be able to place orders for certain services in AT&T NEVADA without having properly updated the CLEC Profile; however, at any time during the term of this Agreement without additional notice AT&T may at its discretion eliminate such functionality. At such time, if CLEC has not properly updated its CLEC Profile, ordering capabilities will cease, and CLEC will not be able to place orders until thirty (30) days after CLEC has properly updated its CLEC Profile AT&T NEVADA communicates official information to CLECs via its Accessible Letter, or other applicable, notification processes. These processes involve electronic transmission and/or posting to the AT&T CLEC Online website, inclusive of a variety of subjects including declaration of a force majeure, changes on
10 Contract Id: Amendment - Lifeline and Link Up Reform and Modernization/AT&T-21STATE Page 3 of 3 BCN Version: 09/21/15 business processes and policies, and other product/service related notices not requiring an amendment to this Agreement. 5. In entering into this Amendment, neither Party waives, and each Party expressly reserves, any rights, remedies or arguments it may have at law or under the intervening law or regulatory change provisions in the underlying Agreement (including intervening law rights asserted by either Party via written notice predating this Amendment) with respect to any orders, decisions, legislation or proceedings and any remands thereof, which the Parties have not yet fully incorporated into this Agreement or which may be the subject of further review. 6. This Amendment shall not modify or extend the Effective Date or Term of the underlying Agreement, but rather, shall be coterminous with such Agreement. 7. EXCEPT AS MODIFIED HEREIN, ALL OTHER TERMS AND CONDITIONS OF THE UNDERLYING AGREEMENT SHALL REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. 8. For Nevada: This Amendment shall be filed with and is subject to approval by the State Commission and shall become effective ten (10) days following approval by such Commission.
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