20100528final_order_no_31095.pdf

Office of the Secretary
Service Date
May 28, 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF CENTURYTEL OF IDAHO, INc. DBA CASE NO. CEN-I0-CENTURYLINK FOR APPROVAL OF ITS
INTERCONNECTION AGREEMENT WITH
BULLSEYE TELECOM, INC. PURSUANT
TO 47 U.C. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF CENTURYTEL OF THE GEM STATE CASE NO. CGS-IO-DBA CENTURYLINK FOR APPROVAL OF
ITS INTERCONNECTION AGREEMENT
WITH BULLSEYE TELECOM, INc.ORDER NO. 31095
PURSUANT TO 47 U.c. ~ 252(e)
In these cases, the Commission is asked to approve Interconnection Agreements
between CenturyTel of Idaho, Inc. dba CenturyLink and BullsEye Telecom, Inc. and CenturyTel
of the Gem State dba CenturyLink and BullsEye. With this Order, the Commission approves
the Interconnection 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. 9252(e)(1). 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 U.C. 9 252(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 FCC rules or with the
provision of Section 251(b) or (c).Order No. 28427 at 11 (emphasis in original). This
comports with the FCC's statement that "a state commission shall have authority to approve an
interconnection agreement adopted by negotiation even if the terms of the agreement do not
comply with the requirements of (Part 51)." 47 C.F .R. 9 51.
ORDER NO. 31095
THE APPLICATIONS
1. CenturyTel of Idaho, Inc. dba CenturyLink and BullsEye Telecom, Inc., Case No.
CEN-10-01.On May 5 , 2010, CenturyLink and BullsEye filed an Interconnection Agreement
with the Commission. The Agreement sets forth the terms, conditions and pricing under which
CenturyLink will provide certain telecommunications services to BullsEye for the purpose
delivering such services to BullsEye s customers.
The Application states that Century Link is a "rural telephone company," as that term
is defined in the Act, 47 u.S.C. 9 153. Century Link goes on to state that, pursuant to Section
251(f)(l) of the Act, it is exempt from Section 251(c) of the Act. Notwithstanding that
exemption, the companies have agreed and entered into this Agreement for purposes of
exchanging local traffic. The Company also states that "execution of the Agreement does not in
any way constitute a waiver or limitation of CenturyLink's rights under Section 251(f)(1) or
251(f)(2) of the Act." The Company "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 carriers.
2. CenturyTel of the Gem State dba CenturyLink and BullsEye Telecom, Inc., Case
No. CGS-10-01.On May 5, 2010, CenturyLink-Gem State and BullsEye filed
Interconnection Agreement with the Commission. The Agreement sets forth the terms
conditions and pricing under which CenturyLink-Gem State will provide certain
telecommunications services to BullsEye for the purpose of delivering such services to
BullsEye s customers.
The Application states that CenturyLink-Gem State is a "rural telephone company,
as that term is defined in the Act, 47 U.C. 9 153. CenturyLink-Gem State goes on to state that
pursuant to Section 251 (f)(1) of the Act, it is exempt from Section 251 (c) of the Act.
Notwithstanding that exemption, the companies have agreed and entered into this Agreement for
purposes of exchanging local traffic. The Company also states that "execution of the Agreement
does not in any way constitute a waiver or limitation of CenturyLink's rights under Section
251(f)(1) or 251(f)(2) of the Act." The Company "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 carriers.
ORDER NO. 31095
STAFF RECOMMENDATION
Staff reviewed the Applications and does not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest. Staff believes that the
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 Interconnection Agreements between CenturyLink and BullsEye and
CenturyLink-Gem State and BullsEye.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 U.C. 9
252(e)(1). However, the Commission s review is limited. 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 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 the Agreements does not negate the responsibility of either party 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 99 62-604 and 62-606 if they are
providing other non-basic local telecommunications services as defined by Idaho Code 9 62-603.
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement between CenturyTel
of Idaho, Inc. dba Century Link and BullsEye Telecom, Inc., Case No. CEN-10-, is
approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between
CenturyTel of the Gem State dba Century Link and BullsEye Telecom, Inc., Case No. CGS-10-
, is approved.
THIS IS A FINAL 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
ORDER NO. 31095
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 99 61-
626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this cJ.J! r"'-
day of May 2010.
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D. KEMP SIDENT
MARSHA H. SMITH, COMMISSIONER
MACK A. REDFORD, COMMISSIONER
ATTEST:
~e1
mission Secretary
O:CEN-I O-CGS-I O-
ORDER NO. 31095