20150204final_order_no_33220.pdf

Office of the Secretary
Service Date
February 3,2015
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF CENTURYTEL OF IDAHO,INC.DBA )CASE NO.CEN-T-15-O1
CENTURYLINK FOR APPROVAL OF ITS )
INTERCONNECTION AGREEMENT WITH )
TELEPORT COMMUNICATIONS )
AMERICA,LLC FOR THE STATE OF )
IDAHO,PURSUANT TO 47 U.S.C.§252(e))
______________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF CENTURYTEL OF THE GEM STATE,)CASE NO.CGS-T-15-OI
INC.DBA CENTURYLINK FOR APPROVAL )
OF ITS INTERCONNECTION AGREEMENT )
WITH TELEPORT COMMUNICATIONS )ORDER NO.33220
AMERICA,LLC FOR THE STATE OF )
IDAHO,PURSUANT TO 47 U.S.C.§252(e))
In this case the Commission is asked to approve Interconnection Agreements between
CenturyTel of Idaho,Inc.dba CenturyLink and CenturyTel of the Gem State,Inc.dba
CenturyLink and Teleport Communications of America,LLC.With this Order,the Commission
approves the 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 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 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.
ORDER NO.33220 1
THE APPLICATIONS
1.CenturyTel of Idaho and Teleport,Case No.CEN-T-15-01,On January 12,2015,
CenturyTel of Idaho submitted an Application for approval of its Interconnection Agreement
with Teleport.The Agreement establishes terms and conditions for interconnection,transport and
termination of traffic,unbundled network elements,ancillary services,collocation,resale,and
pricing.
2.CenturyTel of the Gem State and Teleport,Case No.CGS-15-01.On January 12,
2015,CenturyTel of the Gem State submitted an Application for approval of its Interconnection
Agreement with Teleport.The Agreement establishes terms and conditions for interconnection,
transport and termination of traffic,unbundled network elements,ancillary services,collocation,
resale,and pricing.
STAFF RECOMMENDATION
Staff reviewed the Applications for approval of the aforementioned Interconnection
Agreements 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 of 1996.Accordingly,Staff recommended the Commission approve
the Interconnection Agreements.
COMMISSION FINDINGS
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).The Commission’s review is limited,however.The Commission may reject an
agreement adopted by negotiation çy 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 Staff’s recommendation,the
Commission finds that the parties’Interconnection Agreements are consistent with the public
interest,convenience and necessity and do not discriminate.Therefore,the Commission finds
that the Agreements,including amendments thereto,should be approved.Approval of an
Interconnection Agreement does not negate the responsibility of either party to an Agreement to
obtain a Certificate of Public Convenience and Necessity if they are offering local exchange
ORDER NO.33220 2
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 CenturyLink and Teleport Communications America,LLC for the State of
Idaho,Case No.CEN-T-15-01,is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between
CenturyTel of the Gem State,Inc.dba CenturyLink,and Teleport Communications America,
LLC for the State of Idaho,Case No.CGS-T-15-01,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.
ORDER NO.33220 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of February 2015.
PAUL KJ ER,PRESIDENT
JJ\c )
MACK A.REDFORD,COMMISSIONER
cL
MARSHA H.SMITH,COMMISSIONER
ATTEST:
J’4n D.Jewell(J
mmission Secretary
O:CEN-T-1 5-O1_CGS-T-15-OI_np
ORDER NO.33220 4