20160630final_order_no_33548.pdf

Office of the Secretary
Service Date
June 30,2016
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
CENTURYTEL OF THE GEM STATE,INC.)CASE NO.CGS-T-16-Ol
DBA CENTURYLINK AND NEW CINGULAR )
WIRELESS PCS,LLC FOR APPROVAL OF )
AN INTERCONNECTION AGREEMENT )
PURSUANT TO 47 U.S.C.§252(e).)
____________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION OF )
CENTURYTEL OF IDAHO,INC.DBA )CASE NO.CEN-T-16-O1
CENTURYLINK AND NEW CINGULAR )
WIRELESS PCS,LLC FOR APPROVAL OF )
AN INTERCONNECTION AGREEMENT )ORDER NO.33548
PURSUANT TO 47 U.S.C.§252(e).)
In these cases,the Commission is asked to approve a newly negotiated
Interconnection Agreement.With this Order the Commission approves the Applications.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996,
interconnection agreements 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 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
On June 10,2016,CenturyTel of Idaho,Inc.dba CenturyLink and CenturyTel of the
Gem State,Inc.dba CenturyLink submitted Applications for approval of a Commercial Mobile
ORDER NO.33548 1
Radio Services Interconnection Agreement with New Cingular Wireless PCS,LLC.This
agreement establishes terms and conditions for interconnection and intercarrier compensation.
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
Applications are consistent with the pro-competitive policies of this Commission,the Idaho
Legislature,and the federal Telecommunications Act of 1996.Accordingly,Staff recommended
Commission approval of the Applications.
COMMISSION DECISION
Under the terms of the Telecommunications Act,interconnection agreements must be
submitted to the Commission for approval.47 U.S.C.§252(e)(l).The Commission’s review is
limited.The Commission may reject an agreement adopted by negotiation jy 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 the Staff’s recommendation,the
Commission finds that the Agreement is consistent with the public interest,convenience and
necessity and does not discriminate.Therefore,the Commission finds that the Applications
should be approved.However,approval of the Applications does not negate the responsibility of
any of the parties to the Agreement 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 of CenturyTel of the
Gem State,Inc.and New Cingular Wireless PCS,LLC,Case No.CGS-T-16-01,is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement of CenturyTel of
Idaho,Inc.and New Cingular Wireless PCS,LLC,Case No.CEN-T-l6-01,is approved.
THIS IS A FINAL ORDER.Any person interested in this Order may petition for
reconsideration within twenty-one (21)days of the service date of this Order with regard to any
matter decided in this Order.Within seven (7)days after any person has petitioned for
ORDER NO.33548 2
reconsideration,any other person may cross-petition for reconsideration.See Idaho Code §61-
626.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this jO
day of June 2016.
PAUL KJLAND,PRESIDENT
4’
KRISTITE RAPER,COMM1SIONER
ERIC ANDERSON,COMMISSIONER
ATTEST:
Jfl D:Jeweltj
Commission Secretary
O:CGS-T-16-0 1 CEN-T-I 6-01
ORDER NO.33548 3