20230112Final_Order_No_35661.pdf

ORDER NO. 35661 1
Office of the Secretary
Service Date
January 12, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF CENTURYTEL OF THE
GEM STATE, INC. DBA CENTURYLINK’S
APPLICATION FOR APPROVAL OF AN
AMENDMENT TO THE INTERCONNECTION
AGREEMENT WITH METROPOLITAN
TELECOMMUNICATIONS OF IDAHO INC.
DBA METTEL PURSUANT TO 47 U.S.C. §
252(e)

)
)
)
)
)
)
)
)
)

CASE NO. CGS-T-22-03

IN THE MATTER OF CENTURYTEL OF
IDAHO, INC. DBA CENTURYLINK’S
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE INTERCONNECTION
AGREEMENT WITH METROPOLITAN
TELECOMMUNICATIONS OF IDAHO INC.
DBA METTEL PURSUANT TO 47 U.S.C. §
252(e)

)
)
)
)
)
)
)
)
)

CASE NO. CEN-T-22-03

ORDER NO. 35661

On September 29, 2022, CenturyTel of Idaho, Inc. dba CenturyLink and CenturyTel of the
Gem State, Inc. dba CenturyLink (individually and collectively “CenturyLink”) and Metropolitan
Telecommunications of Idaho Inc. DBA MetTel (“MetTel”) applied to the Idaho Public Utilities
Commission (“Commission”) for an Order approving an Amendment (“Amendment”) to the
Interconnection Agreement (“Agreement”). The Commission approved the Agreement on
December 17, 2013. Order No. 32949. The Parties’ proposed Amendment would add additional
terms and conditions to the Agreement for Resale through the Resale Forbearance Amendment.
With this Order, the Commission approves the requested Amendment.
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
ORDER NO. 35661 2
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.
THE APPLICATION
The jointly filed Application indicates that the Amendment was submitted for the
Commission’s approval pursuant to Section 252(e) of the Communications Act of 1934, as
amended by the Telecommunications Act of 1996. The Amendment adds new terms and
conditions for resale.
STAFF RECOMMENDATION
Staff reviewed the Application and Amendment and believed the terms and conditions are
not discriminatory or contrary to the public interest. Staff also believed the Amendment was
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 Amendment.
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)(1). 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 Application and Staff’s recommendation, the Commission
finds that the Amendment is consistent with the public interest, convenience, and necessity and
does not discriminate. Therefore, the Commission finds that the Application should be approved.
Approval of this Application does not negate the parties’ responsibility to obtain a Certificate of
Public Convenience and Necessity if they plan to offer local exchange services, or to comply with
Idaho Code §§ 62-604 and 62-606 if they plan to provide other non-basic local
telecommunications services as defined by Idaho Code § 62-603.

ORDER NO. 35661 3
O R D E R
IT IS HEREBY ORDERED that the Amendment to the Agreement between CenturyLink
and MetTel, Case Nos. CEN-T-22-03 and CGS-T-22-03, 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 12th day of
January 2023.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

JOHN R. HAMMOND JR., COMMISSIONER

ATTEST:

_________________________________
Jan Noriyuki
Commission Secretary

I:\Legal\TELECOM\CENT2203_CGST2203_final_md.docx