20120607final_order_no_32567.pdf

Office of the Secretary
Service Date
June 7,2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF CENTURYTEL OF IDAHO,INC.AND )CASE NOS.CEN-T-12-03
CENTURYTEL OF THE GEM STATE DBA )CGS-T-12-03
CENTURYLINK FOR APPROVAL OF )
THEIR INTERCONNECTION AGREEMENT )
WITH CUSTER TELEPHONE BROADBAND )
SERVICES,LLC PURSUANT TO 47 U.S.C.§)
252(e))
____________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION,DBA )CASE NO.QWE-T-ll-12
CENTURYLINK,FOR APPROVAL OF )
AMENDMENTS TO ITS )
INTERCONNECTION AGREEMENT WITH )
LXI-CLEC,LLC,PURSUANT TO 47 U.S.C.§)
252(e))
_________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF TDS TELECOMMUNICATIONS )CASE NO.POT-T-05-O1
CORPORATION FOR APPROVAL OF )
AMENDMENTS TO ITS )
INTERCONNECTION AGREEMENT WITH )
AT&T MOBILITY,PURSUANT TO 47 U.S.C.)ORDER NO.32567
§252(e))
_________________________________________________________________________________
)
In this case the Commission is asked to approve an Interconnection Agreement and
amendments to Interconnection Agreements.With this Order,the Commission approves the
amendments and Interconnection Agreement.
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.S.C.§252(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.S.C.§252(e)(2)(A).As the Commission noted in
Order No.28427,companies voluntarily entering into interconnection agreements “may
ORDER NO.32567 1
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.§51.3.
THE APPLICATIONS
1.CenturyTel of Idaho,Inc./CenturyTel of the Gem State dba CenturyLink and
Custer Telephone Broadband Services,LLC,Case Nos.CEN-T-12-03 and CGS-T-12-03.On
May 16,2012,CenturyLink submitted an Application seeking approval of its Interconnection
Agreement with Custer.In the Application,the parties request that the Commission approve
terms,conditions,pricing for interconnection,resale and unbundled services.
2.Qwest Corporation dba CenturyLink and LXI-CLEC,LLC,Case No.QWE-T-1l-
12.On April 26,2012,CenturyLink submitted an Application seeking the Commission’s
approval of amendments to the parties’Interconnection Agreement,previously approved by the
Commission on November 9,2011.See Order No.32398.The parties request that the
Commission approve amendments to their existing Agreement that include terms,conditions and
intercarrier compensation for the exchange of local and toll VoIP-PSTN traffic.
3.TDS Telecommunications Corporation (an agent for Potlatch Telephone
Company)and New Cingular Wireless PCS,LLC (and its Commercial Mobile Radio Services
(CMRS)operating affiliates,operating as AT&T Mobility),Case No.POT-T-05-01.On May
29,2012,TDS submitted an Application seeking the Commission’s approval of Amendments to
the parties’Interconnection Agreement,previously approved by the Commission on October 27,
2005.See Order No.29901.
TDS’s filing was precipitated by the recent order released by the Federal
Communications Commission (FCC),issued on November 18,2011 and later modified on
reconsideration on December 23,2011,enacting new rules for Intercarrier Compensation for
Wireless Traffic (USF/ICC Transformation Order).As a result,intercarrier compensation for
non-access traffic exchanged between parties will be subject to a default bill-and-keep
methodology for traflic exchanged on or after July 1,2012.
ORDER NO.32567 2
STAFF RECOMMENDATION
Staff reviewed the foregoing Applications and did not find any terms or conditions
that it considers to be discriminatory or contrary to the public interest.Staff believes that the
Interconnection Agreement and the amendments to the Interconnection 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 Agreement and amendments.
COMMISSION DECISION
Under the terms of the Telecommunications Act,interconnection agreements,
including amendments thereto,must be submitted to the Commission for approval.47 U.S.C.§
252(e)(l).However,the Commission’s review is limited.The Commission may reject an
agreement adopted by negotiation çpjy 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 Staffs recommendations,the
Commission finds that the Interconnection Agreement and amendments are consistent with the
public interest,convenience and necessity and do not discriminate.Therefore,the Commission
finds that the Agreements,reviewed by Staff and more fully described above,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 §62-604 and 62-606 if they are providing
other non-basic local telecommunications services as defined by Idaho Code §62-603.
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement between CenturyTel
of Idaho,Inc./CenturyTel of the Gem State dba CenturyLink and Custer Telephone Broadband
Services,LLC,Case Nos.CEN-T-12-03 and CGS-T-12-03,is approved
IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement
between Qwest Corporation dba CenturyLink and LXI-CLEC,LLC,Case No.QWE-T-l1-12,
are approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between TDS
Telecommunications Corporation (an agent for Potlatch Telephone Company)and New Cingular
ORDER NO.32567 3
Wireless PCS,LLC (and its commercial mobile radio services (CMRS)operating affiliates,
operating as AT&T Mobility),Case No.POT-T-05-0 1,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
reconsideration,any other person may cross-petition for reconsideration.See Idaho Code §§61-
626 and 62-6 19.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of June 2012.
MACK A REDFORD,COMMISSIONER
U
MARSHA H.SMITH,COMMISSIONER
ATTEST:
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Jan D JeweFi
Cômmission’Secretary
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ORDER NO.32567 4