20141007final_order_no_33148.pdf

Office of the Secretary
Service Date
October 7.2014
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF CENTURYTEL OF IDAHO,INC.DBA )CASE NO.CEN-T-14-05
CENTURYLINK AND ELECTRIC )
LIGHTWAVE,LLC PURSUANT TO 47 U.S.C.)
§252(e))
______________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF CENTURYTEL OF THE GEM STATE,)CASE NO.CGS-T-14-05
INC.DBA CENTURYLINK OF ITS )
INTERCONNECTION AGREEMENT AND )
ELECTRIC LIGHTWAVE,LLC PURSUANT )ORDER NO.33148
TO 47 U.S.C.§252(e))
_____________________________________________________________________________
)
In these cases the Commission is asked to approve amendments to the
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 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.
ORDERNO.33148
THE APPLICATION
1.CenturyTel of Idaho,Inc.dba CenturyLink and Electric Lightwave,LLC,Case
No.CEN-T-14-05.On September 12,2014,this Commission received CenturyTel of Idaho’s
Application seeking approval of its Interconnection Agreement with Electric Lightwave.
The Application states that the Agreement was reached through voluntary
negotiations without resort to mediation or arbitration and submitted for approval pursuant to
Section 252(e)of the Communications Act of 1934,as amended by the Telecommunications Act
of 1996.The Agreement sets out rates,terms and conditions for local interconnection,
collocation,local resale,and purchase of Unbundled Network Elements (UNE).
2.CenturyTel of the Gem State,Inc.dba CenturyLink and Electric Lightwave,LLC,
Case No.CGS-T-14-05.On September 12,2014,this Commission received CenturyTel of the
Gem State’s Application seeking approval of its Interconnection Agreement with Electric
Lightwave.
The Application states that the Agreement was reached through voluntary
negotiations without resort to mediation or arbitration and submitted for approval pursuant to
Section 252(e)of the Communications Act of 1934,as amended by the Telecommunications Act
of 1996.The Agreement sets out rates,terms and conditions for local interconnection,
collocation,local resale,and purchase of Unbundled Network Elements (UNE).
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
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 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)(1).However,the Commission’s review is limited.The Commission may reject an
agreement adopted by negotiation 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.
ORDERNO,33148
Based upon our review of the Applications and Staff’s recommendation,the
Commission finds that the Interconnection Agreements are consistent with the public interest,
convenience and necessity and do not discriminate.Therefore,the Commission finds that 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 Interconnection Agreement between CenturyTel
of Idaho,mc,dba CenturyLink and Electric Lightwave,LLC,Case No.CEN-T-14-05,is
approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between
CenturyTel of the Gem State,Inc.dba CenturyLink and Electric Lightwave,LLC,Case No.
CGS-T-14-05,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 62-6 19.
ORDERNO.33148
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this 74
day of October 2014.
ATTEST:
cS
Barbara Barrows
Assistant Commission Secretary
O:CEN-T-1 4-O5CGS-T-1 4O lnp
MACK A.REDFORD,COMM1SIONER
MARSHA H.SMITH,COMMISSIONER
PRESIDENT
ORDERNO.33148