20101020final_order_no_32097.pdf

Office of the Secretary
Service Date
October 20 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF CENTURYTEL OF IDAHO, INc. DBA CASE NO. CEN-IO-
CENTURYLINK FOR APPROVAL OF ITS
INTERCONNECTION AGREEMENT WITH
EL TO PIA COMMUNI CA TI 0 NS, LLC
PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF CENTURYTEL OF THE GEM STATE CASE NO. CGS-IO-
INc. DBA CENTURYLINK FOR
APPRO V AL OF ITS INTERCONNECTION
AGREEMENT WITH EL TOPIA
COMMUNICATIONS, LLC PURSUANT TO
47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF CITIZENS TELECOMMUNICATIONS CASE NO. CTC-IO-
COMPANY OF IDAHO FOR APPROVAL OF
ITS INTERCONNECTION AGREEMENT
WITH ALLIED WIRELESS
COMMUNICATIONS CORPORATION
PURSUANT TO 47 U.C. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE-IO-
APPROVAL OF ITS INTERCONNECTION
AGREEMENT WITH LIBERTY-BELL
TELECOM, LLC PURSUANT TO 47 U.c. ORDER NO. 32097
252(e)
In this case the Commission is asked to approve separate Interconnection Agreements
negotiated by CenturyTel of Idaho, Inc. dba CenturyLink and CenturyTel of the Gem State, Inc.
dba CenturyLink (collectively "CenturyLink") with Eltopia Communications, LLC ("Eltopia
an Interconnection Agreement between Citizens Telecommunications Company of Idaho
CTC") and Allied Wireless Communications Corporation ("Allied"); and an Interconnection
Agreement between Qwest Corporation ("Qwest") and Liberty-Bell Telecom, LLC ("Liberty-
Bell"). With this Order, the Commission approves the parties' Interconnection Agreements.
ORDER NO. 32097
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 U.C. ~ 252(e)(1). The Commission may reject an agreement adopted by negotiations only
if it finds that: (1) the agreement 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. ~ 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.R. ~ 51.3.
THE APPLICATION
1. CenturvLink and Eltopia, Case No. CEN-I0-. On September 14, 2010
Century Link submitted dual Applications for an Interconnection and Exchange of Traffic
Agreement with Eltopia. In these Applications, the parties request that the Commission approve
the Agreements that include terms, conditions and pricing for interconnection, transport and
termination of traffic between the companies.
2. CenturyLink and Eltopia, Case No. CGS-I0-. On September 14, 2010
Century Link submitted dual Applications for an Interconnection and Exchange of Traffic
Agreement with Eltopia. In these Applications, the parties request that the Commission approve
the Agreements that include terms, conditions and pricing for interconnection, transport and
termination of traffic between the companies.
3. CTC and Allied, Case No. CTC-I0-. On September 24, 2010 CTC
submitted an Application for a Cellular and 2-Way Mobile Radio Services Traffic Agreement
with Allied. In this Application, the parties request that the Commission approve an Agreement
that includes terms and conditions for the transport and termination of mobile radio service
traffic in the state ofIdaho.
4. Qwest and Liberty-Bell, Case No. QWE-1O-On September 20, 2010
Qwest submitted an Application for approval of its Interconnection Agreement with Liberty-
ORDER NO. 32097
Bell. In this Application, the parties request that the Commission approve an Agreement that
includes terms and conditions for interconnection, unbundled network elements, ancillary
services and the resale of telecommunications services within the geographical area where Qwest
is the incumbent local exchange carrier ("ILEC") and is currently providing local exchange
servIce.
ST AFF RECOMMENDATION
Staff reviewed the foregoing Applications and does not find any terms or conditions
that it considers to be discriminatory or contrary to the public interest. Staff believes that the
Agreements are consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act. Accordingly, Staff recommends that the
Commission approve the foregoing Interconnection Agreements.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 US.C. ~
252(e)(1). However, 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. !d.
Based upon our review of the Applications and Staff s recommendations, 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
reviewed by Staff and more fully described above, should be approved. Approval of the
Agreements does not negate the responsibility of either party 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 ~~ 62-604 and 62-606 if they are providing other non-basic local
telecommunications services as defined by Idaho Code ~ 62-603.
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement between CenturyTel
of Idaho, Inc. dba Century Link, and Eltopia Communications, LLC, Case No. CEN-IO-, is
approved.
ORDER NO. 32097
IT IS FURTHER ORDERED that the Interconnection Agreement between
CenturyTel of the Gem State, Inc. dba CenturyLink, and Eltopia Communications, LLC, Case
No. CGS-IO-, is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Citizens
Telecommunications Company of Idaho and Allied Wireless Communications Corporation, Case
No. CTC- T -10-, is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Qwest
Corporation and Liberty-Bell Telecom, LLC, Case No. QWE-IO-, 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 ~~ 61-
626 and 62-619.
DONE by Order ofthe Idaho Public Utilities Commission at Boise, Idaho this ;2()
day of October 2010.
cf!
/. %
JIM D. KEMPTON, PRESIDENT
~~
JJ~
ARSHA H. SMITH, COMMISSIONER
MACK A. REDFORD, COMMISSIONER
ATTEST:
O:CEN- T -10-- CGS- T -10-- CTC- T -10-- QWE- T-I 0-- np
ORDER NO. 32097