Mark R. Ortlieb AVP-Senior Legal Counsel Legal/State Regulatory. October 26, 2017

Transcription

1 Mark R. Ortlieb AVP-Senior Legal Counsel Legal/State Regulatory 225 West Randolph Street Floor 25D Chicago, IL Phone: Fax: October 26, 2017 Ms. Kavita Kale Executive Secretary Michigan Public Service Commission 7109 West Saginaw Highway Lansing, MI Re: MPSC Case No. U-16554, Interconnection Agreement Between AT&T Michigan and Bright House Networks Information Services (Michigan), LLC Dear Ms. Kale: Attached for filing is the joint application requesting approval of the Tenth Amendment to the Interconnection Agreement by and between AT&T Michigan and Bright House Networks Information Services (Michigan, LLC. In accordance with the Commission s request, AT&T Michigan makes this filing electronically by posting the attached Amendment and related pleadings onto the Commission s web site at: Additional copies of the Agreement and all Commission approved amendments are available on the above web site as well as AT&T Michigan s website. Amendments are posted at the end of the Agreement, so only one document will appear under the associated link. Documents may be viewed at: Very truly yours, cc: Michael Moore Attachment

2 Contract Id: STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION In Re the request for Commission approval of ) An interconnection agreement between ) Bright House Networks Information Services ) (Michigan), LLC and Michigan Bell Telephone ) Company d/b/a AT&T Michigan ) Case No. U ) JOINT APPLICATION AT&T Michigan 1 and Bright House Networks Information Services (Michigan), LLC 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) of the Telecommunications Act of 1996 (the Act), 47 U.S.C. 252(e), for approval of the Tenth Amendment to the interconnection agreement between the parties heretofore approved by the Commission on March 17, 2011 (Agreement). In support of this joint application, AT&T Michigan and Bright House Networks Information Services (Michigan), LLC state as follows: 1. The parties have entered into good faith negotiations and have executed a Tenth Amendment to the Agreement. The Tenth Amendment to the Agreement, fully executed as of October 20, 2017, adds terms and conditions to implement the following Federal Communications Commission (FCC) Orders: Connect America Fund et al., WC Docket No et al, Report and Order issued on November 18, 2011 (FCC ), and as amended on December 23, 2011 (FCC ) into the Agreement. A copy of the Tenth Amendment to the Agreement, duly executed by the Parties, is submitted with this joint application as Exhibit A. 1 Michigan Bell Telephone Company (previously referred to as Michigan Bell or SBC Michigan ) operates under the name AT&T Michigan pursuant to an assumed name filing with the State of Michigan.

3 Contract Id: The Tenth Amendment is the result of voluntary negotiations and must be submitted to the Commission for its approval or rejection pursuant to Section 252(e)(1) of the Act. The Tenth Amendment meets all statutory criteria for Commission approval

4 Contract Id: WHEREFORE, AT&T Michigan and Bright House Networks Information Services (Michigan), LLC jointly request Commission approval of the Tenth Amendment to the Agreement pursuant to MTA 203(1) and 252(e) of the Act as soon as possible. Respectfully submitted, Bright House Networks Information Services (Michigan), LLC Counsel for AT&T Michigan esigned - Peggy Giaminetti Peggy Giaminetti Powerscourt Drive St Louis, Missouri (314) Mark R. Ortlieb (P34962) 225 West Randolph Street, Floor 25D Chicago, Illinois (312) Dated: 20 Oct 2017 October 26,

5 Exhibit A Case No. U TENTH AMENDMENT Executed as of October 20, 2017 TO INTERCONNECTION AGREEMENT UNDER SECTIONS 251 AND 252 OF THE TELECOMMUNICATIONS ACT OF 1996 by and between AT&T MICHIGAN and BRIGHT HOUSE NETWORKS INFORMATION SERVICES (MICHIGAN), LLC

6 Signature Page/AT&T-21STATE Page 1 of 2 BHN Version: 4Q15 10/20/15 AMENDMENT BETWEEN INDIANA BELL TELEPHONE COMPANY INCORPORATED D/B/A AT&T INDIANA, MICHIGAN BELL TELEPHONE COMPANY D/B/A AT&T MICHIGAN, PACIFIC BELL TELEPHONE COMPANY D/B/A AT&T CALIFORNIA AND BRIGHT HOUSE NETWORKS INFORMATION SERVICES (CALIFORNIA), LLC; BRIGHT HOUSE NETWORKS INFORMATION SERVICES (INDIANA), LLC; BRIGHT HOUSE NETWORKS INFORMATION SERVICES (MICHIGAN), LLC

7 Signature Page/AT&T-21STATE Page 2 of 2 BHN Version: 4Q15 10/20/15 Signature: esigned - Peggy Giaminetti Name: esigned - Peggy Giaminetti (Print or Type) Title: VP, Circuit Operations (Print or Type) Date: 20 Oct 2017 Bright House Networks Information Services (California), LLC; Bright House Networks Information Services (Indiana), LLC; Bright House Networks Information Services (Michigan), LLC Signature: esigned - William Bockelman Name: esigned - William Bockelman (Print or Type) Title: DIR-INTERCONNECTION AGREEMENTS (Print or Type) Date: 20 Oct 2017 Indiana Bell Telephone Company Incorporated d/b/a AT&T INDIANA, Michigan Bell Telephone Company d/b/a AT&T MICHIGAN, Pacific Bell Telephone Company d/b/a AT&T CALIFORNIA by AT&T Services, Inc., its authorized agent State CALIFORNIA INDIANA MICHIGAN Description ACNA(s) CLEC OCN 337E 338E 339E ACNA Code(s) YCA,IBH,YMI

8 Amendment ICC /AT&T-21STATE Page 1 of 2 BHN Version: 10/25/16 AMENDMENT TO THE AGREEMENT BETWEEN BRIGHT HOUSE NETWORKS INFORMATION SERVICES (CALIFORNIA), LLC BRIGHT HOUSE NETWORKS INFORMATION SERVICES (INDIANA), LLC AND BRIGHT HOUSE NETWORKS INFORMATION SERVICES (MICHIGAN), LLC AND INDIANA BELL TELEPHONE COMPANY INCORPORATED D/B/A AT&T INDIANA, MICHIGAN BELL TELEPHONE COMPANY D/B/A AT&T MICHIGAN, PACIFIC BELL TELEPHONE COMPANY D/B/A AT&T CALIFORNIA This Amendment (the Amendment ) amends the Agreements by and between AT&T and Bright House Networks Information Services (California), LLC, Bright House Networks Information Services (Indiana), LLC or Bright House Networks Information Services (Michigan), LLC (collectively BHN ) as shown in the attached Exhibit A. AT&T and BHN are hereinafter referred to collectively as the Parties and individually as a Party. WHEREAS, AT&T and BHN are Parties to the Agreements as shown in the attached Exhibit A; and WHEREAS, the Parties desire to amend the Agreement to implement to the Connect America Fund et al., WC Docket No et al, Report and Order issued by the Federal Communications Commission ( FCC ) on November 18, 2011 (FCC ), and as amended by the FCC on December 23, 2011 (FCC ) ( FCC ICC Reform Order ), and NOW, THEREFORE, in consideration of the promises and mutual agreements set forth herein, the Parties agree to amend the Agreement as follows: 1. The Amendment is composed of the foregoing recitals, the terms and conditions, contained within, Exhibit A Listing of Agreements and Exhibit B - Pricing Sheet, all of which are hereby incorporated within this Amendment by this reference and constitute a part of this Amendment. 2. Intercarrier Compensation 2.1. The Parties hereby implement the intercarrier compensation rates reflected in the Pricing Sheet attached hereto as Exhibit B, for the termination of all Section 251(b)(5) Traffic exchanged between the Parties in the applicable state(s). The intercarrier compensation rates included in Exhibit B hereby supersede the existing rate elements included in the Agreement for purposes of reciprocal compensation. 3. There shall be no retroactive application of any provision of this Amendment prior to the Effective Date of an adopting CLEC s agreement. 4. 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. 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.

9 Amendment ICC /AT&T-21STATE Page 2 of 2 BHN Version: 10/25/16 7. EXCEPT AS MODIFIED HEREIN, ALL OTHER TERMS AND CONDITIONS OF THE UNDERLYING AGREEMENT SHALL REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. 8. Signatures by all Parties to this Amendment are required to effectuate this Amendment. This Amendment may be executed in counterparts. Each counterpart shall be considered an original and such counterparts shall together constitute one and the same instrument. 9. For Indiana and Michigan: This Amendment shall be filed with and is subject to approval by the applicable state Commission and shall become effective ten (10) days following approval by such Commission. For California: Pursuant to Resolution ALJ 257, this filing will become effective, absent rejection of the Advice Letter by the Commission, upon thirty (30) days after the filing date of the Advice Letter to which this Amendment is appended.

10 Amendment ICC /AT&T-21STATE Page 1 of 1 BHN Version: 07/19/16 Exhibit A AT&T ILEC ( AT&T ) CARRIER Legal Name Contract Type Approval Date / Last Party Signed Date Pacific Bell Telephone Company d/b/a AT&T CALIFORNIA Indiana Bell Telephone Company Incorporated d/b/a AT&T INDIANA Michigan Bell Telephone Company d/b/a AT&T MICHIGAN Bright House Networks Information Services (California), LLC Bright House Networks Information Services (Indiana), LLC Bright House Networks Information Services (Michigan), LLC Interconnection 4/6/07 Interconnection 5/31/07 Interconnection 3/17/11

11 PRICING SHEETS EXHIBIT B Attachment State Product Rate Element Description COS (Class of Service) USOC Zone LOCAL INTERCONNECTION (CALL 2MR-AT CA TRANSPORT AND TERMINATION) Monthly Charge (MRC) Non- Charge (NRC) First Non- Charge (NRC) Additional Per Unit Rate for all ISP-Bound and Section 251(b)(5) Traffic as per FCC , per MOU L1T++ GOC00 $0.00 MOU Template Version: - 3Q16 - ICA-AT (FCC ICC) - 09/22/16 System Version: 9/22/2016 Page 1 of 3

12 PRICING SHEETS EXHIBIT B Attachment State Product Rate Element Description COS (Class of Service) USOC Zone LOCAL INTERCONNECTION (CALL 2MR-AT IN TRANSPORT AND TERMINATION) Monthly Charge (MRC) Non- Charge (NRC) First Non- Charge (NRC) Additional Per Unit Rate for all ISP-Bound and Section 251(b)(5) Traffic as per FCC , per MOU OHU USG15 $0.00 MOU Template Version: - 3Q16 - ICA-AT (FCC ICC) - 09/22/16 System Version: 9/22/2016 Page 2 of 3

13 PRICING SHEETS EXHIBIT B Attachment State Product Rate Element Description COS (Class of Service) USOC Zone LOCAL INTERCONNECTION (CALL 2MR-AT MI TRANSPORT AND TERMINATION) Monthly Charge (MRC) Non- Charge (NRC) First Non- Charge (NRC) Additional Per Unit Rate for all ISP-Bound and Section 251(b)(5) Traffic as per FCC , per MOU OHU USG14 $0.00 MOU Template Version: - 3Q16 - ICA-AT (FCC ICC) - 09/22/16 System Version: 9/22/2016 Page 3 of 3