20130514final_order_no_32807.pdf

Office of the Secretary
Service Date
May 14,2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF CENTURYTEL OF THE GEM STATE,)CASE NO.GEM-T-98-O1
INC.DBA CENTURYLINK FOR APPROVAL )
OF AME DMENTS TO ITS )
INTERCO?NECTION AGREEMENT WITH )
NEW CINGULAR WIRELESS PCS,LLC DBA )
AT&T MOBILiTY,PURSUANT TO 47 U.S.C.)
§252(e))
_____________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF CENTURYTEL OF THE GEM STATE,)CASE NO.CGS-T-13-O1
INC.DBA CENTURYLINK,FOR APPROVAL )
OF ITS INTERCONNECTION AGREEMENT )
WITH QWEST COMMUNICATIONS )
COMPANY,LLC DBA CENTURYLINK QCC,)
PURSUANT TO 47 U.S.C.§252(e))
___________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF CEITURYTEL OF IDAHO,INC.DBA )CASE NO.CEN-T-13-OI
CENTURYLINK FOR APPROVAL OF ITS )
INTERCONNECTION AGREEMENT WITH )
QWEST COMMUNICATIONS COMPANY,)
ILC DBA CENTURYLINK QCC,PURSUANT )ORDER NO.32807
TO 47 U.S.C.§252(e))
_________________________________________________________________________________
)
In these cases,the Commission is asked to approve amendments to an existing
Interconnection Agreement between CenturyTel of the Gem State dba CenturyLink and New
Cingular Wireless PCS,LLC dba AT&T Mobility;and new Interconnection Agreements
between CenturyTel of the Gem State dba CenturyLink and Qwest Communications Company,
LLC dba CenturyLink QCC;and CenturyTel of Idaho,Inc.dba CenturyLink and Qwest
Communications Company,LLC dba CenturyLink QCC.With this Order,the Commission
approves the amendments and Interconnection Agreements.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996 (“the Act”),
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
ORDER NO.32807 1
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 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 the Gem State,Inc.dba CenturvLink and New Cingular Wireless
PCS,LLC dba AT&T Mobility.Case No.GEM-T-98-01.On April 18,2013,CenturyLink
submitted an Application for approval of amendments to its Interconnection Agreement with
AT&T Mobility,first approved by the Commission on August 26,1998.See Order No.27698.
In the Application,the parties seek approval to incorporate terms and conditions associated with
intercarrier compensation Bill and Keep.
2.CenturyTel of the Gem State,Inc.dba CenturyLink and Qwest Communications
Company,LLC dba CenturyLink 0CC.Case No.CGS-T-13-0l.On April 18.2013,
CenturyLink submitted an Application for approval of its Interconnection Agreement with
CenturyLink QCC.With this Application,the parties request that the Commission approve the
terms and conditions for interconnection of traffic,compensation,and ancillary services.
3.CenturyTel of Idaho,Inc.dba CenturyLink and Owest Communications
Company,LLC dba CenturyLink 0CC.Case No.CEN-T-13-01.On April 18,2013,
CenturyLink submitted an Application for approval of its Interconnection Agreement with
CenturyLink QCC.With this Application,the parties request that the Commission approve the
terms and conditions for interconnection of traffic,compensation,and ancillary services.
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
amendments and Interconnection Agreements are consistent with the pro-competitive policies of
this Commission,the Idaho Legislature,and the federal Telecommunications Act.Accordingly,
ORDER NO.32807 2
Staff recommended that the Commission approve the amendments and Interconnection
Agreements.
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 pply 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 amendments and Interconnection Agreements are consistent with the
public interest,convenience and necessity and do not discriminate.Therefore,the Commission
finds that the amendments and Interconnection 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 §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 amendments to the Interconnection Agreement
between CenturyTel of the Gem State,Inc.dba CenturyLink and New Cingular Wireless PCS,
LLC dba AT&T Mobility,Case No.GEM-T-98-01,are approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between
CenturyTel of the Gem State,Inc.dba CenturyLink and Qwest Communications Company,LLC
dha CenturyLink QCC,Case No.CGS-T-13-01,is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between
CenturyTel of Idaho,Inc.dba CenturyLink and Qwest Communications Company.LLC dba
CenturyLink QCC,Case No.CEN-T-13-01,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.32807 3
reconsideration.any other person may cross-petition for reconsideration.See idaho Code §61-
626 and 62-619.
ORDER NO.32807 4
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /9”
day of May 2013
ATTEST:
MACK A.REDFORD,.0 MISSIONER
d
MARSHA H.SMITH,COMMISSIONER
D.Jewelly
C?mmission Secretary
O:GEM-T-98-O1_CGS-Ti3-O1CEN-T-I3-O1jp
PAUL
ORDER NO.32807 5