20180125final_order_no_33974.pdf

Office of the Secretary
Service Date
January 25,2018
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )OF CENTURYTEL OF THE GEM STATE,)CASE NO.CGS-T-17-03
INC.dba CENTURYLINK FOR APPROVAL )OF THE INTERCONNECTION )AGREEMENT WITH NATIVE NETWORK,)INC.FOR THE STATE OF IDAHO )
PURSUANT TO 47 U.S.C.§252(e).)
IN THE MATTER OF THE APPLICATION )CASE NO.CEN-T-17-03
OF CENTURYTEL OF IDAHO,INC.dba )CENTURYLINK FOR APPROVAL OF THE )INTERCONNECTION AGREEMENT WITH )ORDER NO.33974
NATIVE NETWORK,INC.FOR THE STATE )
OF IDAHO PURSUANT TO 47 U.S.C.§252(e).)
On December 21,2017,CenturyTel of the Gem State,Inc.dba CenturyLink and
CenturyTel of Idaho,Inc.dba CenturyLink(individually and collectively,"CenturyLink")and
Native Network,Inc.applied to the Commission for an Order approving an Interconnection
Agreement (Agreement).With this Order,the Commission approves their 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 negotiateterms,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 regulation 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 51J."
47 C.F.R.§51.3.
ORDER NO.33974 1
THE APPLICATION
The Application stated that the Agreement was reached through voluntary negotiation
without resort to mediation or arbitration and was 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 specific rates,terms,and conditions for local interconnection,
collocation,local resale,and purchase of Unbundled Network Elements (UNE).
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 Application.
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 o_nly 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 and the Staff's recommendation,the
Commission finds that the Agreement is consistent with the public interest,convenience and
necessity and does not discriminate.Therefore,the Commission finds that the Application
should be approved.Our approval of the Application 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 of CenturyTel of the Gem State,Inc.dba
CenturyLinkand CenturyTelof Idaho,Inc.dba CenturyLinkwith Native Network,Inc.for the
State of Idaho,Case Nos.CEN-T-17-03 and CGS-T-17-03,is approved.
ORDER NO.33974 2
THIS IS A FINAL ORDER.Any person interested in this Order may petition for
reconsideration within twenty-one (21)days of the service date of this Order with regard to any
matter decided in 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 January 2018.
PAUL KJEfLAWDER,PRESIDENT
KRISTINßlfAPER,COMMI STONËR
ERIC ANDERSON,COMMISSIONER
Diane M.Hanian '
Commission Secretary
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ORDER NO.33974 3