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HomeMy WebLinkAbout20180808final_order_no_34122.pdfOffice of the Secretary Service Date August 7,2018 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF )CENTURYTEL OF IDAHO,INC.DBA )CASE NO.CEN-T-18-02 CENTURYLINK AND BULLSEYE TELECOM,)INC.FOR THE STATE OF IDAHO FOR )APPROVAL OF AN INTERCONNECTION )AGREEMENT PURSUANT TO 47 U.S.C.§) 252(e).) IN THE MATTER OF THE APPLICATION OF )CENTURYTEL OF THE GEM STATE,INC.)CASE NO.CGS-T-18-02 DBA CENTURYLINK AND BULLSEYE )TELECOM,INC.FOR THE STATE OF IDAHO )FOR APPROVAL OF AN INTERCONNECTION )ORDER NO.34122 AGREEMENT PURSUANT TO 47 U.S.C.§) 252(e).) On July 19,2018,CenturyTel of the Gem State,Inc.dba CenturyLinkand CenturyTel of Idaho,Inc.dba CenturyLink (individually and collectively,"CenturyLink")and BullsEye Telecom,Inc.("BullsEye")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)(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)(i)-(ii).As the Commission found in its 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 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 51]."47 C.F.R.§51.3. ORDER NO.34122 1 THE APPLICATIONS The Applications 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 Applications 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 Applications. 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 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 Agreement is consistent with the public interest,convenience and necessity and does not discriminate again a telecommunications carrier not a party to the agreement. Therefore,the Commission finds that the Applications should be approved.Our approval of the Applications 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 in Idaho Code §62-603. ORDER IT IS HEREBY ORDERED that the Agreement of CenturyTel of the Gem State,Inc.dba CenturyLinkand CenturyTel of Idaho,Inc.dba CenturyLinkwith BullsEye Telecom Inc.for the State of Idaho,Case Nos.CGS-T-18-02 and CEN-T-18-02,is approved. ORDER NO.34122 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 August 2018. PAUL KJ LAN ,PRESIDENT IfRIAINE RAPER,C MMIŠSIONER ERIC ANDERSON,COMMISSIONER ATTEST: Diane M.Hanian Commission Secretary L\LeganTELEPHONE\CGS-T-18-02CEN-T-18-02\CENTl802 CGST1802 scl.doc ORDER NO.34122 3