20131217final_order_no_32949.pdf

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF CITIZENS TELECOMMUNICATIONS )CASE NO.CTC-T-13-04
COMPANY OF IDAHO FOR APPROVAL OF )
ITS INTERCONNECTION AGREEMENT )
WITH NOEL COMMUNICATIONS,INC.,)
PURSUANT TO 47 U.S.C.§252(e))
_________________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF FRONTIER COMMUNICATIONS )CASE NO.VZN-T-13-04
NORTHWEST INC.FOR APPROVAL OF ITS )
INTERCONNECTION AGREEMENT WITH )
NOEL COMMUNICATIONS,INC.,)
PURSUANT TO 47 U.S.C.§252(e))
_________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF CENTURYTEL OF THE GEM STATE,)CASE NO.CGS-T-13-05
INC.DBA CENTURYLINK FOR APPROVAL )
OF ITS INTERCONNECTION AGREEMENT )
WITH METROPOLITAN )
TELECOMMUNICATIONS OF IDAHO,INC.)
DBA METTEL,PURSUANT TO 47 U.S.C.§)
252(e))
_________________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF CENTURYTEL OF IDAHO,INC.DBA )CASE NO.CEN-T-13-05
CENTURYLINK FOR APPROVAL OF ITS )
INTERCONNECTION AGREEMENT WITH )
METROPOLITAN )
TELECOMMUNICATIONS OF IDAHO,INC.)
DBA METTEL,PURSUANT TO 47 U.S.C.§)
252(e)
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION DBA )CASE NO.USW-T-99-26
CENTURYLINK QC FOR APPROVAL OF )ELI-T-99-2
AMENDMENTS TO ITS )
INTERCONNECTION AGREEMENT WITH )
ELECTRIC LIGHTWAVE,LLC,PURSUANT )
TO 47 U.S.C.§252(e))ORDER NO.32949
_________________________________________________________________________________________
)
ORDER NO.32949 1
Office of the Secretary
Service Date
December 17.2013
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION DBA )CASE NO.QWE-T-06-02
CENTURYLINK QC FOR APPROVAL OF )
AN AMENDMENT TO ITS )
INTERCONNECTION AGREEMENT WITH )
36ONETWORKS (USA),INC.NKA ZAYO )
GROUP,LLC,PURSUANT TO 47 U.S.C.§)
252(e)
In these cases the Commission is asked to approve Interconnection Agreements and
amendments to Interconnection Agreements.With this Order,the Commission approves the
Interconnection Agreements and amendments to the 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
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 25 1(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.Citizens Telecommunications Company of Idaho and Noel Communications,Inc.,
Case i’o.CTC-T-13-04.On November 12,2013,CTC submitted an Application for approval of
its Interconnection Agreement with Noel.In this Application,the parties request that the
Commission approve the terms and conditions for interconnection,ancillary services,and resale
of telecommunications services.
2.Frontier Communications Northwest Inc.and Noel Communications,Inc.,Case
No.VZN-T-13-04.On November 12,2013,Frontier submitted an Application for approval of
ORDER NO.32949 2
its Interconnection Agreement with Noel.In this Application,the parties request that the
Commission approve the terms and conditions for interconnection,ancillary services,and resale
of telecommunications services.
3.CenturyTel of the Gem State,Inc.dba CenturyLink and Metropolitan
Telecommunications of Idaho,Inc.,Case No.CGS-T-13-05.On September 25,2013,
CenturyTel of the Gem State submitted an Application for approval of its Interconnection
Agreement with Metropolitan.In the Application,the parties request that the Commission
approve the terms and conditions for an agreement that includes interconnection,resale of
services,unbundled network elements,and ancillary services.After the initial review of the
Application,Staff requested and received clarification of certain terms and conditions.
4.CenturyTel of Idaho,Inc.dba CenturyLink and Metropolitan
Telecommunications of Idaho,Inc.,Case No.CEN-T-13-05.On September 25,2013,
CenturyTel of Idaho submitted an Application for approval of an Interconnection Agreement
with Metropolitan.In the Application,the parties request that the Commission approve the terms
and conditions for an agreement that includes interconnection,resale of services,unbundled
network elements,and ancillary services.After the initial review of the Application,Staff
requested and received clarification of certain terms and conditions.
5.Qwest Corporation dba CenturyLink OC and Electric Lightwave,LLC,Case No.
USW-T-99-26/ELI-T-99-2.On November 7,2013,CenturyLink filed amendments to its
Interconnection Agreement with ELI that was originally approved by this Commission on
November 29,1999.See Order No.28242.
The filing seeks to amend the terms,conditions and rates for Intercarrier
Compensation between the parties for the exchange of VoIP-PSTN Traffic.Specifically,it sets
out Bill and Keep Compensation for Toll VoIP-PSTN traffic as well as Local VoIP-PSTN
Traffic.This filing is in compliance with the Federal Communications Commission’s Order in
Docket No.01-92,In the Matter of Developing a Unified Intercarrier Compensation Regime.
The Order delineates the rights and obligations with respect to the exchange of VoIP traffic
between CLEC providers and LECs in addition to revised call signaling rules effective
December 29,2011.
6.Owest Corporation dba CenturyLink QC and 360Networks (USA)inc.nka Zayo
Group,LLC,Case No.QWE-T-06-02.On November 7,2013,CenturyLink filed amendments to
ORDER NO.32949 3
its Interconnection Agreement with 360Networks that was originally approved by this
Commission on March 7,2006.See Order No.29986.
The filing seeks to amend the terms,conditions and rates for Intercarrier
Compensation between the Parties for the exchange of VoIP-PSTN Traffic.Specifically,it sets
out Bill and Keep Compensation for Toll VoIP-PSTN traffic as well as Local VoIP-PSTN
Traffic.This filing is in compliance with the Federal Communications Commission’s Order in
Docket No.01-92,In the Matter of Developing a Unified Intercarrier Compensation Regime.
The Order delineates the rights and obligations with respect to the exchange of VoIP traffic
between CLEC providers and LECs in addition to revised call signaling rules effective
December 29,2011.
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
interconnection agreements and amendments are consistent with the pro-competitive policies of
this Commission,the Idaho Legislature,and the federal Telecommunications Act.Accordingly,
Staff recommended the Commission approve the interconnection agreements 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)(1).However,the Commission’s review is limited.The Commission may reject an
agreement adopted by negotiation çiy 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 Staffs recommendation,the
Commission finds that the Interconnection Agreements and amendments are consistent with the
public interest,convenience and necessity and do not discriminate.Therefore,the Commission
finds that the Interconnection Agreements and amendments 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 NO.32949 4
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement between Citizens
Telecommunications Company of Idaho and Noel Communications,Inc.,Case No.CTC-T-13-
04,is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Frontier
Communications Northwest Inc.and Noel Communications,Inc.,Case No.VZN-T-13-04,is
approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between
CenturyTel of the Gem State,Inc.dba CenturyLink and Metropolitan Telecommunications of
Idaho,Inc.,Case No.CGS-T-13-05,is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between
CenturyTel of Idaho,Inc.dba CenturyLink and Metropolitan Telecommunications of Idaho,Inc.,
Case No.CEN-T-13-05,is approved.
iT IS FURTHER ORDERED that the amendments to the Interconnection Agreement
between Qwest Corporation dba CenturyLink QC and Electric Lightwave,LLC,Case No.USW
T-99-261EL1-T-99-2,are approved.
IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement
between Qwest Corporation dba CenturyLink QC and 360Networks (USA)inc.nka Zayo Group,
LLC,Case No.QWE-T-06-02,are 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.
ORDER NO.32949 5
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /7
day of December 2013.
ATTEST:
PAUL KJELLANDER,PRESIDENT
MARSHA H.SMITH,COMMISSIONER
J3Eewellj
Commission Secretary
O:CTC-T-I 3-OI_VZN-T-I 3-OICGS-T-I 3-O5CEN-T-I 3-O5USW-T99-26QWE-T-O6-O2np
MACK A.REDi
ORDER NO.32949 6