20160810final_order_no_33568.pdf

Office of the Secretary
Service Date
August I 0, 2016
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
CENTURYTEL OF THE GEM STATE, INC.
DBA CENTURYLINK AND NEW CINGULAR
WIRELESS PCS, LLC FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. § 252(e).
)
) CASE NO. CGS-T-16-01
)
)
)
) ___________________ )
IN THE MATTER OF THE APPLICATION OF )
CENTURYTEL OF IDAHO, INC. DBA ) CASE NO. CEN-T-16-01
CENTURYLINK AND NEW CINGULAR )
WIRELESS PCS, LLC FOR APPROVAL OF )
AN INTERCONNECTION AGREEMENT ) ORDER NO. 33568
_P_U_R_S_U_A_N_T_T0_4_7 _U_.S_.C_.~§~2_52~(~e )_. _____ )
On July 21, 2016, CenturyTel of Idaho dba CenturyLink, CenturyTel of the Gem
State dba CenturyLink, and New Cingular Wireless PCS, LLC, applied to the Commission for an
Order approving their revised Commercial Mobile Radio Services Interconnection Agreements.
With this Order, the Commission approves the revised Interconnection Agreements.
BACKGROUND
Under the prov1s10ns 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 25l(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. 33568 1
THE APPLICATIONS
The Applicants ask the Commission to approve the revised Interconnection
Agreements. The Commission approved the initial Interconnection Agreements on June 30,
2016. Order No. 33548. Following voluntary negotiations, the Applicants agreed to revise
paragraph 43.4.1 of the Interconnection Agreements to read: "Carrier will pay CenturyLink
transit charges for Transit Traffic as set forth in Table 1."
STAFF RECOMMENDATION
Staff reviewed the Applications and revised Interconnection Agreements and
believes their terms and conditions are not discriminatory or contrary to the public interest. Staff
also believes the Applications and revised 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 that the Commission
approve 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 only 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 Staffs 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. Our approval of the Applications does not negate the parties' responsibility
to obtain a Certificate of Public Convenience and Necessity if they offer local exchange services,
or to comply with Idaho Code §§ 62-604 and 62-606 if they provide other non-basic local
telecommunications services as defined by Idaho Code§ 62-603.
ORDER
IT IS HEREBY ORDERED that the revised Interconnection Agreement of
CenturyTel of the Gem State, Inc. and New Cingular Wireless PCS, LLC, Case No. CGS-T-16-
01, is approved.
ORDER NO. 33568 2
IT IS FURTHER ORDERED that the revised Interconnection Agreement of
CenturyTel of Idaho, Inc. and New Cingular Wireless PCS, LLC, Case No. CEN-T-16-01, 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
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
day of August 2016.
PA
ERIC ANDERSON, COMMISSIONER
ATTEST:
O:CGS-T-16-0I_ CEN-T-16-0I_Revised
ORDER NO. 33568 3