20161026final_order_no_33635.pdf

Office of the Secretary
Service Date
October 26, 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. 33635
_P_U_R_S_U_A_N_T_T_0_4_7 _U_.s_.c_._,,§c........2_52__,(.__,e )_. -----)
On October 18, 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 amended Commercial Mobile Radio Services Interconnection
Agreements. With this Order, the Commission approves the amended Interconnection
Agreements.
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 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. 33635 1
THE APPLICATIONS
The Applicants ask the Commission to approve the amended Interconnection
Agreements. The Commission approved the initial Interconnection Agreements on August 10,
2016. Order No. 33568. Following voluntary negotiations, the Applicants agreed to add the
percentage rates for the Relative Use Factor (RUF). See Attachment 1.
STAFF RECOMMENDATION
Staff reviewed the Applications and amended Interconnection Agreements and
believes their terms and conditions are not discriminatory or contrary to the public interest. Staff
also believes the Applications and amended 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)(I). 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 Staff's recommendation, the
Commission finds that the amendments are consistent with the public interest, convenience and
necessity and do not discriminate. Therefore, the Commission finds that the amendments should
be approved. Approval of these 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 amended 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. 33635 2
IT IS FURTHER ORDERED that the amended 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 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of October 2016.
ERIC ANDERSON, COMMISSIONER
ATTEST:
O:CGS-T-16-0 I_ CEN-T-16-0 I_ Amendment
ORDER NO. 33635 3