20231122Final_Order_No_36007.pdf

ORDER NO. 36007
Office of the Secretary
Service Date
November 22, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF CENTURYTEL OF
IDAHO, INC. DBA CENTURYLINK’S
APPLICATION FOR APPROVAL OF THE
INTERCONNECTION AGREEMENT WITH
EARTHGRID PBC DBA EARTHGRID PBC
CORPORATION FOR THE STATE OF IDAHO
PURSUANT TO 47 U.S.C. § 252(e)

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CASE NO. CEN-T-23-01

IN THE MATTER OF CENTURYTEL OF THE
GEM STATE, INC. DBA CENTURYLINK’S
APPLICATION FOR APPROVAL OF THE
INTERCONNECTION AGREEMENT WITH
EARTHGRID PBC DBA EARTHGRID PBC
CORPORATION FOR THE STATE OF IDAHO
PURSUANT TO 47 U.S.C. § 252(e)
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CASE NO. CGS-T-23-01

ORDER NO. 36007

On August 23, 2023, CenturyTel of Idaho, Inc. dba CenturyLink and CenturyTel of the
Gem State, Inc. dba CenturyLink (individually and collectively “CenturyLink”) jointly applied to
the Commission for an Order approving an Interconnection Agreement (“Agreement”) with
EarthGrid PBC dba EarthGrid PBC Corporation (“EarthGrid”) (“Application”). With this Order,
the Commission approves CenturyLink’s and EarthGrid’s 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 [Federal Communications Commission (“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
ORDER NO. 36007
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 Application indicates that the Agreement was submitted for the Commission’s
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
interconnections.
STAFF RECOMMENDATION
Staff reviewed the Application and Agreement and believed 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 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.
Based upon our review of the Application and Staff’s recommendation, the Commission
finds that the Agreement is consistent with the public interest, convenience, and necessity and does
not discriminate against any carriers not a party to the Agreement. Therefore, the Commission
finds that the Application should be approved.
ORDER
IT IS HEREBY ORDERED that the Agreement of CenturyTel of Idaho, Inc. dba
CenturyLink and CenturyTel of the Gem State, Inc. dba CenturyLink with EarthGrid PBC dba
EarthGrid PBC Corporation, Case Nos. CEN-T-23-01 and CGS-T-23-01, 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
ORDER NO. 36007
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 22nd day of
November 2023.

ERIC ANDERSON, PRESIDENT

JOHN R. HAMMOND JR., COMMISSIONER

EDWARD LODGE, COMMISSIONER
ATTEST:

Monica Barrios-Sanchez
Interim Commission Secretary

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