20140813final_order_no_33091.pdf

Office of the Secretary
Service Date
August 13.2014
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF CENTURYTEL OF THE GEM STATE -)CASE NO.CGS-T-14-02
IDAHO,INC.DBA CENTURYLINK FOR )
APPROVAL OF ITS INTERCONNECTION )
AGREEMENT WITH CENTURYLINK )
COMMUNICATIONS,LLC FOR THE STATE )
OF IDAHO,PURSUANT TO 47 U.S.C.§252(e))
_____________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF CENTURYTEL OF IDAHO,INC.DBA )CASE NO.CEN-T-14-02
CFNTURYLINK FOR APPROVAL OF ITS )
INTERCONNECTION AGREEMENT WITH )
CENTURYLINK COMMUNICATIONS,LLC )
FOR TIlE STATE OF IDAHO,PURSUANT )
TO 47 U.S.C.§252(e))
_________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION DBA )CASE NO.QWE-T-1O-06
CENTURYLINK QC SEEKING APPROVAL )
OF AMENDMENTS TO ITS CENTURYLINK )
LOCAL SERVICE PLATFORM (CLSP))
AGREEMENT WITH DISHNET WIRELINE,)
LLC FKA LIBERTY-BELL TELECOlI,LLC )
PURSUANT TO 47 U.S.C.§252(c))
___________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORA [iON,DBA )CASE NO QWE-T-12-05
CENTURYLINK QC,SEEKING APPROVAL )
OF AMENDMENTS TO ITS )
INTERCONNECTION AGREEMENT WITH )ORDER NO.33091
FARMERS MUTUAL TELEPHONE )
COMPANY,PURSUANT TO 47 U.S.C.§)
252(e))
In these cases the Commission is asked to approve newly negotiated Interconnection
Agreements and amendments to previously approved Interconnection Agreements.With this
Order,the Commission approves the Interconnection ALreements and amendments to the
Interconnection Agreements.
ORDER NO.33091 1
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 APPLICATION
1.CenturyTel of the Gem State —Idaho,Inc.and CenturyLink Communications,
LLC,Case No.CGS-T-14-02.On July 25,2014,the Commission received the aforementioned
Application seeking approval of the Interconnection Agreement between CenturyTel of the Gem
State and CenturyLink Communications.The Application states that the Agreement was reached
through voluntary negotiations without resort to mediation or arbitration and submitted for
approval pursuant to Section 252(e)of the Communications Act of 1934,as amended by the
Telecommunications Act of 1996.The Agreement sets out rates,terms and conditions for local
interconnection,collocation,local resale,and purchase of Unbundled Network Elements (IJNE).
2.CenturyTel of Idaho,Inc.and CenturyLink Communications,LLC,Case No.
CEN-T-l4-02.On July 25,2014,the Commission received the aforementioned Application
seeking approval of the Interconnection Agreement between CenturyTel of Idaho and
CenturyLink Communications.The Application states that the Agreement was reached through
voluntary negotiations without resort to mediation or arbitration and submitted for approval
pursuant to Section 252(e)of the Communications Act of 1934,as amended by the
Telecommunications Act of 1996.The Agreement sets out rates,terms and conditions for local
interconnection,collocation,local resale,and purchase of UNE.
ORDER NO.33091 2
3.Owest Corporation dba CenturyLink OC and dishNET Wireline,LLC,Case No.
QWE-10-06.On June 16,2014,CenturyLink submitted an Application for Commission
approval to amend its CenturyLink Local Services Platform (“CLSP”)Agreement with dishNET.
The original Agreement was approved by the Commission on October 20,2010.See Order No.
32097.This CLSP amends the terms and conditions and extends the Agreement end date to
December 31,2015.
4.Qwest Corporation dba CenturyLink OC and Farmers Mutual Telephone
Company,Case No.OWE-T-12-05.On July 16,2014,CenturyLink submitted an Application to
amend the Interconnection Agreement with FMTC originally approved by the Commission on
August 1,2012.See Order No.32608.The parties seek Commission approval to add terms and
conditions for Mid-Span Meet P01 (point of interface).
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 the
Commission approve the 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 jy 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 and amendments 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 §§62-604 and 62-606
ORDER NO.33091 3
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 the Gem State-Idaho,Inc.dba CenturyLink and CenturyLink Communications,LLC,Case
No.CGS-T-14-02,is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between
CenturyTel of Idaho,Inc.dba CenturyLink and CenturyLink Communications,LLC,Case No.
CEN-T-14-02,is approved.
IT IS FURTHER ORDERED that the amendments to the CenturyLink Local Service
Platform (CLSP)Agreement between Qwest Corporation dba CenturyLink QC,and dishNET
Wireline,LLC fla Liberty-Bell Telecom,LLC,Case No.QWE-T-10-06,are approved.
IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement
between Qwest Corporation dba CenturyLink QC and Farmers Mutual Telephone Company,
Case No.QWE-T-12-05,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.33091 4
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /3
day of August 2014.
ATTEST:
Jean D Jewell
Ommission Secretary
MACK A.REDFORD,COMMISSIONER
Th /ç(.1kL
MARSHA H.SMITH,COMMISSIONER
O:CGS-T-14-O2CEN-J-I 4-O2QWE-T-1 O-06_QWE-Ti 2-OSnp
ORDER NO.33091 5