20071116final_order_no_30463.pdf

Office of the Secretary
Service Date
November 16 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF CENTURYTEL OF THE GEM STATE,CASE NO. CGS-07-
INC. FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT WITH
360NETWORKS (USA) INc. PURSUANT TO
47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF CENTURYTEL OF IDAHO, INc. FOR CASE NO. CEN-07-
APPROVAL OF AN INTERCONNECTION
AGREEMENT WITH 360NETWORKS (USA)
INC. PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF ALBION TELEPHONE COMPANY, INc.CASE NO. ALB-07-
FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT WITH
VERIZON WIRELESS PURSUANT TO 47 ORDER NO. 30463
c. ~ 252(e)
In these cases the Commission is asked to approve Interconnection Agreements
between the parties listed above. With this Order, the Commission approves these agreements.
BACKGROUND
Under the prOVISIOns of the federal Telecommunications Act of 1996
interconnection agreements, including amendments thereto, must be submitted to the
Commission for approval. 47 U.C. g 252(e)(l). The Commission may reject an agreement
adopted by negotiations only if it finds that the agreement: (1) discriminates against a
telecommunications carrier not a party to the agreement; or (2) implementation of the agreement
is not consistent with the public interest, convenience and necessity. 47 US.C. g 252(e)(2)(A).
As the Commission noted in Order No. 28427, companies voluntarily entering into
interconnection agreements "may negotiate terms, prices and conditions that do not comply with
either the PCC rules or with the provision of Section 25l(b) or (c)." Order No. 28427 at
(emphasis in original). This comports with the PCC's statement that "a state commission shall
have authority to approve an interconnection agreement adopted by negotiation even if the terms
ofthe agreement do not comply with the requirements of (Part 51)." 47 C.R. g 51.3.
ORDER NO. 30463
THE CURRENT APPLICATIONS
1. CenturyTel ofthe Gem State, Inc. and 360networks (USA) Inc., Case No. CGS-
07-. In this Application, the parties seek the Commission s approval of their interconnection
agreement. CenturyTel agreed to allow 360 to utilize its facilities for the purpose of providing
telecommunications services. CenturyTel states that it qualifies as a "rural telephone company
as that term is defined in the federal Telecommunications Act of 1996. 47 U.c. g 153 (37).
While the Companies agreed to exchange local traffic, the parties also agreed that the execution
of their agreement would not "constitute a waiver or limitation of CenturyTel's rights under
Section 25l(f)(1) or 25 1 (f)(2) of the Act" and that CenturyTel "expressly reserves the right to
assert its right to an exemption or waiver and modification of Section 251 (c) of the Act, in
response to other requests for interconnection by CLEC or any other carrier.Application
Traffic Exchange Agreement, Article I.
2. CenturyTel of Idaho, Inc. and 360networks (USA) Inc., Case No. CEN-07-01.
In this Application, the parties seek the Commission s approval of their interconnection
agreement. CenturyTel agreed to allow 360 to utilize its facilities for the purpose of providing
telecommunications services. CenturyTel states that it qualifies as a "rural telephone company
as that term is defined in the federal Telecommunications Act of 1996. 47 U.c. g 153 (37).
While the Companies agreed to exchange local traffic, the parties also agreed that the execution
of their agreement would not "constitute a waiver or limitation of CenturyTel's rights under
Section 251 (f)(1) or 251 (f)(2) of the Act" and that CenturyTel "expressly reserves the right to
assert its right to an exemption or waiver and modification of Section 251 (c) of the Act, in
response to other requests for interconnection by CLEC or any other carrier.Application
Traffic Exchange Agreement, Article I.
3. Albion Telephone Company, Inc. and Verizon Wireless, Case No. ALB-07-
In this Application, the parties seek the Commission approval of their "Negotiated
Agreement." Albion maintains that by entering into the agreement with Verizon it is not waiving
its status as a "rural telephone company" or its right to an exemption under 47 US.C. g 251(f) of
the federal Telecommunications Act of 1996. The agreement outlines certain rates, terms and
conditions pertaining to reciprocal compensation between the parties for the transport and
termination of telecommunications traffic on each carrier s network facilities.
ORDER NO. 30463
STAFF RECOMMENDATION
The Staff has reviewed the Applications and does not endorse any claims made by
the various parties regarding their status as a "rural telephone company," as that term is defined
under the federal Telecommunications Act of 1996. Staff believes that such a determination
should not be made in the context of an application for approval of an interconnection
agreement.
Nevertheless, Staff did not find any terms or conditions that it considers to be
discriminatory or contrary to the public interest. Staff believes that these agreements are
consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the
federal Telecommunications Act. Accordingly, Staff recommended that the Commission
approve the aforementioned applications for interconnection agreements.
CO MMISSI 0 N D ECISI
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto , must be submitted to the Commission for approval. 47 U.C. g
252(e)(1). The Commission s review is limited, however. The Commission may reject an
agreement adopted by negotiation only if it finds that the agreement discriminates against a
telecommunications carrier not a party to the agreement or implementation of the agreement is
not consistent with the public interest, convenience and necessity. Id.
Based upon our review of the Applications and the Staff s recommendation, the
Commission finds that the agreements are consistent with the public interest, convenience and
necessity and do not discriminate. Therefore, the Commission finds that the agreements should
be approved. Approval of these agreements does not negate the responsibility of either of the
parties to these agreements to obtain a Certificate of Public Convenience and Necessity if they
are offering local exchange services or to comply with Idaho Code gg 62-604 and 62-606 if they
are providing other non-basic local telecommunications services as defined by Idaho Code g 62-
603.
ORDER
IT IS HEREBY ORDERED that the interconnection agreement between CenturyTel
of the Gem State, Inc. and 360networks (USA) Inc., Case No. CGS-07-, is approved.
IT IS PURTHER ORDERED that the interconnection agreement between
CenturyTel ofIdaho, Inc. and 360networks (USA) Inc., Case No. CEN-07-, is approved.
ORDER NO. 30463
IT IS PURTHER ORDERED that the interconnection agreement of Albion
Telephone Company, Inc. and Verizon Wireless, Case No. ALB-07-, is approved.
THIS IS A PINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) may petition for reconsideration within twenty-one (21) days of the
service date of this Order. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code gg 61-
626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /(1-H-
day of November 2007.
Q1~
((~
MARSHA H. SMITH, COMMISSIONER
ATTEST:
J a D. Jewell
Commission Secretary
O:CGS- T -07 -- CEN- T -07 -- ALB- T -07 -- np
ORDER NO. 30463