20170622final_order_no_33798.pdf

Office of the Secretary
Service Date
June 22,2017
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF CENTURYTEL OF THE GEM STATE,)CASE NOS.CEN..T47-O1
INC.DBA CENTURYLINK AND )CGST47O1
CENTURYTEL OF IDAHO,INC.DBA )
CENTURYLINK FOR APPROVAL OF A )
RESALE AGREEMENT WITH LEVEL 3 )
COMMUNICATIONS,LLC PURSUANT TO )ORDER NO.33798
On June 12,2017,CenturyTel of the Gem State,Inc.dba CenturyLink and
CenturyTel of Idaho,Inc.dba CenturyLink (“Applicants”)applied to the Commission for an
Order approving their Resale Agreement (“Agreement”)with Level 3 Communications,LLC
(“Level 3”).With this Order,the Commission approves the Agreement.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996,
interconnection agreements 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 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 APPLICATION
The Applicants asked the Commission to approve its proposed Agreement with Level
3.The Applicants state that the proposed Agreement was voluntarily negotiated and establishes
terms and conditions,ancillary services,and pricing for resale of services.
ORDER NO.33798 1
STAFF RECOMMENDATION
Staff reviewed the Application and Agreement and believes the terms and conditions
are not discriminatory or contrary to the public interest.Staff also believes the Agreement is
consistent with the pro-competitive policies of this Commission,the Idaho Legislature,and the
federal Telecommunications Act of 1996.Accordingly,Staff recommended that the
Commission approve the Agreement.
COMMISSION DECISION
Under the terms of the Telecommunications Act,interconnection agreements must be
submitted to the Commission for approval.47 U.S.C.§252(e)(1).The Commission’s review is
limited.The Commission may reject an agreement adopted by negotiation y 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 Application,Resale Agreement and Staff’s
recommendation,the Commission finds that the Resale Agreement is consistent with the public
interest,convenience and necessity and does not discriminate.Therefore,the Commission finds
that the Resale Agreement at issue should be approved.Our approval does not negate either
party’s responsibility to obtain a Certificate of Public Convenience and Necessity if they offer
local exchange services,or to comply with Idaho Code §62-604 and 62-606 if they provide
other non-basic local telecommunications services as defined by Idaho Code §62-603.
ORDER
IT IS HEREBY ORDERED that the Agreement between CenturyTel of the Gem
State,Inc.dba CenturyLink,CenturyTel of Idaho,Inc.dba CenturyLink and Level 3
Communications,LLC,Case Nos.CEN-T-17-01 and CGS-T-17-0l,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.
ORDER NO.33798 2
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of June 2017.
ATTEST:
DianeM.anian
Commission Secretary
O:CEN-T-17-0 1CGS-T-17-0 lsc
PAUL
ERIC ANDERSON,
ORDER NO.33798 3