20080729final_order_no_30602.pdf

Office of the Secretary
Service Date
July 29, 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
CENTURYTEL OF IDAHO, INC. FOR
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
360NETWORKS (USA), INc. PURSUANT TO
47 U.C. ~ 252(e)
CASE NO. CEN-07-
IN THE MATTER OF THE APPLICATION OF
CENTURYTEL OF THE GEM STATE, INC.
FOR APPROVAL OF AN AMENDMENT TO
ITS INTERCONNECTION AGREEMENT
WITH 360NETWORKS (USA), INc.
PURSUANT TO 47 U.c. ~ 252(e)
CASE NO. CGS-07-
ORDER NO. 30602
In these cases, the Commission is asked to approve amendments to existing and
previously approved Interconnection Agreements. With this Order, the Commission herein
approves the amendments to these existing agreements.
BACKGROUND
Under the prOVISIOns of the federal Telecommunications Act of 1996
interconnection agreements, including amendments thereto, must be submitted to the
Commission for approval. 47 US.C. 9 252(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.C. 9 252(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
(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.R. 951.
THE CURRENT APPLICATIONS
1. CenturvTel of Idaho, Inc. and 360networks (USA) inc., Case No. CEN- T-07-01.
In this Application, the parties seek the Commission s approval of an amendment to their
existing Interconnection Agreement, approved by the Commission on November 16, 2007. The
ORDER NO. 30602
parties mutually agreed to add "the Directory Services Agreement as Appendix D" to their
Interconnection Agreement.
2. CenturvTel of the Gem State, Inc. and 360networks (USA) inc., Case No. CGS-
07-. In this Application, the parties seek the Commission s approval of an amendment to their
existing Interconnection Agreement, approved by the Commission on November 16 2007. The
parties mutually agreed to add "the Directory Services Agreement as Appendix D" to their
Interconnection Agreement.
ST AFF RECOMMENDATION
The Staff has reviewed the Applications and does not find any terms or conditions
that it considers to be discriminatory or contrary to the public interest. Staff believes that these
amendments are consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act. Accordingly, Staff recommended that the
Commission approve the foregoing agreements and amendments.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 U.c. 9
252(e)(1). The Commission s review is limited, however. 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 Agreements are consistent with the public interest, convenience and
necessity and do not discriminate. Therefore, the Commission finds that the Agreements should
be approved. Approval of these Agreements does not negate the responsibility of either of the
parties to these Agreements to obtain a Certificate of Public Convenience and Necessity if they
are offering local exchange services or to comply with Idaho Code 99 62-604 and 62-606 if they
are providing other non-basic local telecommunications services as defined by Idaho Code 9 62-
603.
ORDER NO. 30602
ORDER
IT IS HEREBY ORDERED that the Amendment to the Interconnection Agreement
between CenturyTel of Idaho, Inc. and 360networks (USA) inc., Case No. CEN-07-, is
approved.
IT IS FURTHER ORDERED that the Amendment to the Interconnection Agreement
between CenturyTel of the Gem State, Inc. and 360networks (USA) inc., Case No. CGS-07-
, 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 99 61-
626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;Z 11"
day of July 2008.
MACK A. REDFORD, P
MARSHA H. SMITH, COMMISSIONER
ATTEST:
tJ;;E.il Commission Secretary
O:CEN- T -07-- CGS- T-07-02 - np
ORDER NO. 30602