20150306final_order_no_33244.pdf

Office of the Secretary
Service Date
March 6,2015
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF CENTURYTEL OF IDAHO,INC.DBA )CASE NO.CEN-T-15-02
CENTURYLINK FOR APPROVAL OF ITS
INTERCONNECTION AGREEMENT WITH
EDNETICS,INC.PURSUANT TO 47 U.S.C.§)
252(e))
_______________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )OF CENTURYTEL OF THE GEM STATE,CASE NO.CGS-T-15-02
INC.DBA CENTURYLINK FOR APPROVAL
OF ITS INTERCONNECTION AGREEMENT “ORDER NO.33244
WITH EDNETICS,INC.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 Ednetics,Inc.With this Order,the Commission approves the 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:(I)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.
THE APPLICATIONS
1.CenturyTel of Idaho and Ednetics,Case No.CEN-T-15-02.On February 19,
2015,CenturyTel of Idaho submitted an Application for approval of its Interconnection
ORDER NO.33244 1
Agreement with Ednetics.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 Ednetics,Case No.CGS-T..15-02.On February
19,2015,CenturyTel of the Gem State submitted an Application for approval of its
Interconnection Agreement with Ednetics.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 and does not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest.Staff believes the 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 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).However,the Commission’s review is limited.The Commission may reject an
agreement adopted by negotiation pjy 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 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 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 NO.33244
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement between CenturyTel
of Idaho.Inc.dba CenturyLink and Ednetics,Inc.,Case No.CEN-T-15-02,is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between
CenturyTel of the Gem State,Inc.dba CenturyLink and Ednetics,Inc..Case No.CGS-T-15-02,
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.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this (.o
day of March 2015.
PAUL K LLAN ,PRESIDENT
MACK A.REDFORD,COMMISSIONER
K TINE RAPER,CO MISSIONER
ATTEST:
ommission Secretary
O:CEN-T-15-02_CGS-T-15-02_np
ORDER NO.33244 3