20210406Final_Order_No_34983.pdf

ORDER NO. 34983 1
Office of the Secretary
Service Date
April 6, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF
CENTURYTEL OF IDAHO, INC. DBA
CENTURYLINK FOR APPROVAL OF AN
AMENDMENT TO INTERCONNECTION
AGREEMENT WITH SPECTROTEL, INC.
PURSUANT TO 47 U.S.C. § 252(e).

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CASE NO. CEN-T-21-01

IN THE MATTER OF THE APPLICATION OF
CENTURYTEL OF THE GEM STATE, INC.
DBA CENTURYLINK FOR APPROVAL OF AN
AMENDMENT TO INTERCONNECTION
AGREEMENT WITH SPECTROTEL, INC.
PURSUANT TO 47 U.S.C. § 252(e).
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CASE NO. CGS-T-21-01

ORDER NO. 34983

On February 5, 2021, CenturyTel of Idaho dba CenturyLink and CenturyTel of the
Gem State dba CenturyLink (individually and collectively “CenturyLink”) applied to the
Commission for an Order approving a Resale Forbearance Amendment to their Resale
Agreement with Spectrotel, Inc. (“Spectrotel”). With this Order, the Commission approves the
amended Resale Agreements.
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.

ORDER NO. 34983 2
THE APPLICATIONS
The Applicants ask the Commission to approve the amended Resale Agreements.
The Commission approved the initial Resale Agreements on July 18, 2013. Order No. 32856.
The Resale Forbearance Amendment to the Resale Agreement was reached through voluntary
negotiations 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. Application at 1.
STAFF RECOMMENDATION
Staff reviewed the Applications and amended Resale Agreements and believes their
terms and conditions are not discriminatory or contrary to the public interest. Staff also believes
the Applications and amended Resale Agreements are 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 the 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 the parties’ 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.
O R D E R
IT IS HEREBY ORDERED that the amended Resale Agreement of CenturyTel of
the Gem State, Inc. and Spectrotel, Inc., Case No. CGS-T-21-01, is approved.
ORDER NO. 34983 3
IT IS FURTHER ORDERED that the amended Resale Agreement of CenturyTel of
Idaho, Inc. and Spectrotel, Inc., Case No. CEN-T-21-01, is approved.
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 6th day
of April 2021.

__________________________________________
PAUL KJELLANDER, PRESIDENT

__________________________________________
KRISTINE RAPER, COMMISSIONER

__________________________________________
ERIC ANDERSON, COMMISSIONER

ATTEST:

_________________________________
Jan Noriyuki
Commission Secretary

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