20130801final_order_no_32866.pdf

Office of the Secretary
Service Date
August 1.2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF FRONTIER COMMUNICATIONS )CASE NO.GTE-T-97-lO
NORTHWEST INC.FKA VERIZON )
NORTHWEST INC.FKA GTE NORTHWEST )
INCORPORATED FOR APPROVAL OF )
AMENDMENTS TO ITS )
INTERCOfNECTION AGREEMENT WITH )
NEXTEL WEST CORP.,PURSUANT TO 47 )
U.S.C.§252(e))
_________________________________________________________________________________________
)
I N THE MATTER OF THE APPLICATION )
OF CENTURYTEL OF THE GEM STATE,)CASE NO.CGS-T-11-O1
INC.DBA CENTURYLINK FOR APPROVAL )
OF AMENDMENTS TO ITS )
INTERCONNECTION AGREEMENT WITH )
VERIZON WIRELESS,PURSUANT TO 47 )
U.S.C.§252(e))
_________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF CENTURYTEL OF IDAHO,INC.DBA )CASE NO.CEN-T-11-O1
CENTURYLINK FOR APPROVAL OF ITS )
INTERCONNECTION AGREEMENT WITH )
VERIZON WIRELESS,PURSUANT TO 47 )ORDER NO.32866
U.S.C.§252(e))
In these cases,the Commission is asked to approve amendments to previously
approved Interconnection Agreements.With this Order,the Commission approves the
amendments to the Interconnection Agreements.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996 (“the Act”),
interconnection agreements,including amendments thereto,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).
As the Commission noted in Order No.28427,companies voluntarily entering into
interconnection agreements “may negotiate terms,prices and conditions that do comply with
ORDER NO.32866 1
either the FCC rules or with the provision of Section 25 1(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.
THE APPLICATION
1.Frontier Communications Northwest Inc.and Nextel West Corp.,Case No.GTE
T-97-10.On June 28,2013,Frontier submitted an Application for approval of Amendment No.
2 to the Interconnection Agreement with Nextel,previously approved by the Commission on
September 9,1997.See Order No.27127.In this Application,the parties request that the
Commission approve the terms and conditions for reciprocal compensation rates as provided in
the USF/ICC Trans/örmaiion Order FCC 11-161 (rd.November 18,2011)and in FCC 11-189
Order on Reconsideration (rd.December 23,2011).In the event that the Federal
Communications Commission revises,reconsiders,changes or modifies the reciprocal
compensation rates,such action may be incorporated into this Agreement pursuant to the change
of law provisions of the Agreement.
2.CenturyTel of the Gem State,Inc.dba CenturyLink and Verizon,Case No.CGS
T-11-01.On July 12,2013,CenturyLink submitted an Application to amend its Interconnection
Agreement with Verizon,previously approved by the Commission on March 4,2011.See Order
No.32198.In this Application,the parties request that the Commission approve the terms and
conditions and rates for intercarrier compensation as set forth in the Federal Communications
Commission’s Docket No.01-92,In the Matter of Developing an UnifIed Intercarrier
Compensation Regime,released on November 18,2011,and its Order on Reconsideration,
released on December 23,2011.
3.CenturyTel of Idaho,Inc.dba CenturyLink and Verizon Wireless,Case No.CEN
T-11-01.On July 12,2013,CenturyLink submitted an Application to amend its Interconnection
Agreement with Verizon,previously approved by the Commission on March 4,2011.See Order
No.32198.In this Application,the parties request that the Commission approve the terms and
conditions and rates for intercarrier compensation as set forth in the Federal Communications
Commission’s Docket No.01-92,In the Matter of Developing an UnfIed Intercarrier
Compensation Regime,released on November 18,2011,and its Order on Reconsideration,
released on December 23,2011.
ORDER NO.32866
STAFF RECOMMENDATION
Staff 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 the
amendments to the Interconnection Agreements are consistent with the pro-competitive policies
of this Commission,the Idaho Legislature,and the federal Telecommunications Act.
Accordingly,Staff recommended the Commission approve the amendments to the
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 U.S.C.§
252(e)(l).However,the Commission’s review is limited.The Commission may reject an
agreement adopted by negotiation ppiy 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 Staffs recommendations,the
Commission finds that the amendments to the Interconnection Agreements are consistent with
the public interest,convenience and necessity and do not discriminate.Therefore,the
Commission finds that the amendments to the Interconnection Agreements 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 amendments to the Interconnection Agreement
between Frontier Communications Northwest Inc.fka Verizon Northwest Inc.ha GTE
Northwest Incorporated,and Nextel West Corp.,Case No.GTE-T-97-l0,are approved.
IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement
between CenturyTel of the Gem State,Inc.dba CenturyLink and Verizon Wireless,Case No.
CGS-T-1 1-0 1,are approved.
ORDER NO.32866
IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement
between CenturyTel of Idaho,Inc.dba CenturyLink and Verizon Wireless,Case No.CEN-T-11-
01,are approved.
TI-ITS 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 62-6 19.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /‘
day of August 2013.
PAULKJ LAN E,PRESIDENT
MACK A.REDFOI ,CdMMTSSTONER
MARSHA H.SMITH,COMMISSIONER
ATTEST:
A
‘en D.Jewe
C’ommission Secretary
O:G’FE-I’-97-1OCGS-T-l 1Ol CEN-T-l 1-OInp
ORDER NO.32866 4