20161020final_order_no_33631.pdf

Office of the Secretary
Service Date
October 20, 2016
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION DBA )
CENTURYLINK QC FOR APPROVAL OF AN )
AMENDMENT TO ITS INTERCONNECTION )
AGREEMENT WITH LEVEL 3 )
COMMUNICATIONS, LLC PURSUANT TO 47 )
U.S.C. § 252(e) )
IN THE MATTER OF THE APPLICATION OF )
CENTURYTEL OF IDAHO, INC. DBA )
CENTURYLINK FOR APPROVAL OF ITS )
TRAFFIC EXCHANGE AGREEMENT WITH )
LEVEL 3 COMMUNICATIONS, LLC )
PURSUANT TO 47 U.S.C. § 252(e) )
-------------) IN THE MATTER OF THE APPLICATION OF )
CENTURYTEL OF THE GEM STATE, INC. )
DBA CENTURYLINK FOR APPROVAL OF )
ITS TRAFFIC EXCHANGE AGREEMENT )
WITH LEVEL 3 COMMUNICATIONS, LLC )
_P_U_R_S_U_A_N_T_T_0_4_7_U_.S_.C_.__,.,§'--2_52____,(,__,e)'-------)
CASE NO. QWE-T-02-08
CASE NO. CEN-T-15-03
CASE NO. CGS-T-15-03
ORDER NO. 33631
On October 4, 2016, Qwest Corporation dba CenturyLink QC; CenturyTel ofldaho,
Inc. dba CenturyLink; and CenturyTel of the Gem State, Inc. dba CenturyLink applied to the
Commission for an Order approving an amendment to their respective existing Interconnection
Agreements with Level 3 Communications, LLC. With this Order, the Commission approves the
amended Interconnection Agreements.
BACKGROUND
Under the prov1s10ns 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)(l). 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 251 (b) or ( c )." Order No. 28427 at 11
ORDER NO. 33631 1
( 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
In these Applications, the parties ask the Commission to approve an amendment to
their respective existing Interconnection Agreements. The Commission approved the initial
Interconnection Agreements on November 12, 2008, and August 21, 2015. The amendments
were voluntarily negotiated and add terms and conditions for the exchange of interconnected
Voice over Internet Protocol (VoIP) and Public Switched Telephone Network (PSTN) traffic.
STAFF RECOMMENDATION
The Staff has 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 are consistent with the pro-competitive policies of this Commission, Title 62 of the
Idaho Code, and the federal Telecommunications Act. Accordingly, Staff recommended that the
Commission approve the 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). The Commission's review is limited, however. 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 amendments are consistent with the public interest, convenience and
necessity and do not discriminate. Therefore, the Commission finds that the amendments should
be approved. Approval of these Applications does not negate either party's responsibility to
obtain a Title 62 Certificate of Public Convenience and Necessity (pursuant to Commission
Order No. 26665) 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. 33631 2
ORDER
IT IS HEREBY ORDERED that the amended Interconnection Agreement of Qwest
Corporation dba CenturyLink QC and Level 3 Communications, LLC, Case No. QWE-T-02-08,
is approved.
IT IS FURTHER ORDERED that the amended Traffic Exchange Agreement of
CenturyTel of Idaho, Inc. dba CenturyLink and Level 3 Communications, LLC, Case No. CEN­
T-15-03, is approved.
IT IS FURTHER ORDERED that the amended Traffic Exchange Agreement of
CenturyTel of the Gem State, Inc. dba CenturyLink and Level 3 Communications, LLC, Case
No. CGS-T-15-03, 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 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of October 2016.
ERIC ANDERSON, COMMISSIONER
ATTEST:
O:QWE-T-02-08_CEN-T-l 5-03_CGS-T-15-03
ORDER NO. 33631 3