20150922final_order_no_33380.pdf

Office of the Secretary
Service Date
September 22,2015
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
CENTURYTEL OF IDAHO,INC.DBA )CASE NO.CEN-T-15-04
CENTURYLINK FOR APPROVAL OF ITS )
INTERCONNECTION AGREEMENT WITH )
QUANTUMSHIFT COMMUNICATIONS,INC.)
PURSUANT TO 47 U.S.C.§252(e))
____________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION OF )
CENTURYTEL OF THE GEM STATE,INC.)CASE NO.CGS-T-15-04
DBA CENTURYLINK FOR APPROVAL OF ITS )
INTERCONNECTION AGREEMENT WITH )
QUANTUMSHIFT COMMUNICATIONS,INC.)
FOR THE STATE OF IDAHO,PURSUANT TO )ORDER NO.33380
47 U.S.C.§252(e))
In these cases,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 QuantumShift Communications,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)(1).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
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.
ORDER NO.33380 1
THE APPLICATIONS
1.CenturyTel of Idaho and OuantumShift,Case No.CEN-T-15-04.On August 26,
2015,CenturyTel of Idaho submitted an Application for approval of its Interconnection
Agreement with QuantumShift.This Agreement establishes terms and conditions for
interconnection,transport and termination of traffic,unbundled network elements,collocation,
ancillary services,and pricing.
2.CenturyTel of the Gem State and QuantumShift,Case No.CGS-T-15-04.On
August 26,2015,CenturyTel of the Gem State submitted an Application for approval of its
Interconnection Agreement with QuantumShift.This Agreement establishes terms and
conditions for interconnection,transport and termination of traffic,unbundled network elements,
collocation,ancillary services,and pricing.
STAFF RECOMMENDATION
Commission 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 Agreements are consistent with the pro-competitive policies of this Commission,the
Idaho Legislature,and the federal Telecommunications Act.Accordingly,Staff recommended
that 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 Qpjy 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
ORDER NO.33380 2
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 by and between
CenturyTel of Idaho,Inc.dba CenturyLink,and QuantumShift Communications,Inc.,Case No.
CEN-T-15-04,is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement by and between
CenturyTel of the Gem State,Inc.dba CenturyLink and QuantumShift Communications,Inc.,
Case No.CGS-T-15-04,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
day of September 2015.
P L KJELL ND ,PRESIDENT
MARSHA H.SMITH,COMMISSIONER
KRISTINE RAPER,COMMISSIONER
ATTEST:
Jfjn D.Jewel
Cmmission ecretary
O:CEN-T-I 5-04_CGS-T-I 5-04_np
ORDER NO.33380 3