20171215Application.pdf

Lil ?Bx.'#s?lJ ORIGINAL
RECEIVED
?0l10EC l5 At{ 9: 06
, 1, i
i*1:i .i',i-*u*fh\8 *' o*
Suite 800
1 919 Pennsylvania Avenue NW
Washington, DC 20006-3401
Michael C. Sloan
202.973.4227 (tel)
202.973.4499 (Fax)
[e-mail]
VIA OVERNIGHT MAIL
December 14,2017
Diane Hanian
Secretary
Idaho Public Utilities Commission
472 W . Washington
Boise, lD 83702 C PZ- -T- t8- a t
Re: Comcast Phone of Idaho, LLC Request for Numbering Resources
Dear Ms. Hanian:
Enclosed for filing with the Idaho Public Utilities Commission are an original and seven
copies of the Comcast Phone of Idaho, LLC ("Comcast") Appeal of Denial of Numbering
Resources. Comcast requests that the Commission direct the Pooling Administrator to make
numbering resources available to Comcast so that it may serve its customers.
I have also enclosed an additional copy of this letter to be date stamped and returned to
me in the enclosed, self-addressed, postage prepaid envelope.
Thank you for your prompt attention to this matter. Please do not hesitate to contact me
if you have any questions.
Sincerely,
M-Aef,r^^L
Michael C. Sloan
Encl.
Michael C. Sloan
191 9 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
[e-mail]
RECEIVED
?0!i 0[c t5 Ail g: 06
ILl,r!.iI0 f'Uil,I IC
l-i'i :l I i ii::i Ciif,lt4iSSl0N
Attorneyfor Comcast Phone of ldaho, LLC
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
CoMCAST PHONE OF IDAHO, LLC
APPEAL OF DENIAL OF NUMBERING RESOURCES
Comes now Comcast Phone of Idaho, LLC ("Comcast"), through undersigned Counsel,
pursuant to 47 C.F.R. $ 52.15(gX+) and 4T15-0300066 Thousands-Block Number Pooling
Administration Guidelines (Section 1l.2, "Safety Valve Process"), and appeals the decision of
the Telephone Number Pooling Administrator denying Comcast numbering resources in Idaho.
The Safety Valve Process authorizes state commissions to override a Pooling Administrator's
denial of a telecommunications carrier's request for numbering resources when there is a
verifiable need.
Safety valve relief is appropriate here because the Pooling Administrator denied
Comcast's request on the grounds that Comcast is not a certificated provider of basic local
exchange service in Idaho.l While technically correct, the ruling does not reflect applicable law
with respect to wholesale carriers' rights and obligations in Idaho. Comcast does not have a
I E*hibit A (Pooling Administrator's Response denying requested numbering resources
(Nov. 10, 2017)).
In the Matter of Comcast Phone of Idaho,
LLC Appeal of Determination of the
Number Pooling Administrator Decision
Denying Comcast's Request for Numbering
Resources
Case No. CPI-T-l1-_gl
4845-6963-3368v. I 0106080-0001 8 I
certificate because the Commission does not issue certificates to wholesale carriers. As the
Commission has explained, Idaho law does not require wholesale telecommunications carriers,
such as Comcast, to obtain certification in order to operate. Wholesale carriers are free to
provide service in Idaho without certification, so long as they comply with other legal
requirements, because the Commission lacks jurisdiction to issue certificates to wholesale
carriers. The lack of certification does not diminish wholesale carriers' rights to obtain
interconnection with ILECs, access to numbering resources, and other rights granted by, among
other things, Sections 251-252 of the federal Communications Act and applicable state law.
Given that the criteria that the Pooling Administrator has relied upon is effectively just a proxy
for gauging a carrier's authority to operate in a given jurisdiction,2 reversal of the Pooling
Administrator's decision is appropriate. Indeed, safety valve relief was created specifically to
provide carriers with an equitable remedy in"catch-22" situations just like this.
Comcast requests that the Commission instruct the Pooling Administrator to assign to
Comcast numbering resources so that Comcast can obtain a unique Location Routing Number
(LRN) in the Ketchum exchange for the appropriate routing of traffic. Comcast does not
necessarily require a new NPA-NXX block. Rather, an LRN can come from an existing block in
any NPA-NXX assigned in a given rate center that is homed to the tandem that Comcast's switch
will subtend. Comcast has reviewed the Local Exchange Routing Guide (LERG) and it appears
there are unassigned blocks in one or more previously opened NXXs in the Ketchum rate center
from which Comcast could draw an LRN. Comcast has already contacted the Pooling
2 47 CFR $ 52.15 (gX2) states that service providers must provide, as part of their
applications for initial numbering resources, evidence demonstrating that they are licensed and/or
certified to provide service in the area in which they seek numbering resources.
4845-6963-3368v I 0I06080-0001 8I
-2-
Administrator about working together to identify a suitable block in the rate center pool and, if
found, assigning it to Comcast. The Commission can be assured that Comcast will take all
available measures to conserve numbering resources in Ketchum.
Background
Comcast is a wholesale provider of telecommunications services. Its customers are
principally interconnected voice over Internet protocol ("VoIP") service providers, for whom
Comcast provides "PSTN interconnection" - i.e., a service that enables VolP end-users to place
calls to and receive calls from end-users on the PSTN and other VoIP providers - as well as
numbering resources, access to emergency calling ("8911") and other services (collectively
referred to herein as "PSTN interconnection").3 This wholesale service business model was
approved by the FCC more than a decade ago, in the Time Warner Declaratory Ruling, where
the FCC ruled that such service constitutes common carriage which entitles a carrier to
interconnection and other rights under Sections 251-252 of the Communications Act.a This
ruling has been implemented by numerous state utility commissions who have approved the
applications of wholesale Competitive Local Exchange Carriers (CLECs) seeking state
authorizations to provide service and/or interconnect with otherwise reluctant Incumbent Local
Exchange Carriers (lLECs). s
3 Comcast's Local Interconnection Service Guide is available at:
https ://www.xfi nitv.com/corporate/about/phoneterm sofServ ice/circu it-
switched/CDPLocallnterconnectionService.htm l.
a Time Warner Cable Requestfor Declaratory Ruling, Memorandum Opinion andOrde\22
FCC Rcd 3513 (2007) (emphasis supplied).
s See, e.g., Comcast Phone of Washington, LLC v. Lewis River Tel. Co. d/b/o TDS Telecom,
Order 05, Arbitrator's Report and Decision, Docket No. UT-083055 (Washington State Utilities
and Transportation Commission July 20, 2009); Comcast Phone of New Hampshire Petition for
Arbitration of Rates, Terms and Conditions of Interconnection with TDS, Final Order (Order No.
4845-6963-3368v I 0106080-000 I 8 I
-J-
In keeping with this authority, and consistent with Comcast's status in more than 40 other
states and the District of Columbia, Comcast filed, on August 15, 2016, an "Application for
Registration to Provide Facilities-Based Wholesale Local Telecommunications Service
Throughout Idaho."6
In November 2016 Comcast was contacted by Commission staff, who requested that
Comcast withdraw the application.T Staffcited Commission Order No. 31012, which construes
the Commission's statutory authorityto issue CPCNs as limited to providers of traditional retail
Iocal exchange service - i.e., as not extending to providers of exclusively wholesale services, like
25,005) (New Hampshire Public Utilities Commission Aug. 13, 2009); Application of
Communications Corp. of Michigan, d/b/a TDS Telecom, for arbitration of interconnection
rates, terms, and conditions with Comcast Phone of Michigan, LLC, et al.,Order, Case Nos. U-
15725 and U-15730 (Michigan Public Service Commission March 5,2009); Petition of Comcast
Phone of Indiana, et al., Final Order, Cause No. 43621 INT 01 (lndiana Utility Regulatory
Commission Sep. 3, 2009); Petition of Comcast Phone of Georgia, LLC, et al., Order on
Disputed Issue, Docket No. 28670 (Georgia Public Service Commission Nov. 2,2009); Petition
of Comcast Phone Florida, LLC, Order No. PSC-09-0839-FOF-TP, Docket No. 080731-TP
(Florida Public Service Commission Dec. 21, 2009); Cambridge Telephone Company, et al.,
Order, Docket No.05-0259, et al., (Illinois Commerce Commission July 15, 2005); Sprint Comm.
Co LP v ACE Comm. Group, et al., Order on Rehearing, Docket No. ARB-05-2 (Iowa Util. Bd.,
Nov 28,2005); Sprint Comm. Co. L.P., Order Resolving Arbitration Issues, Cases 05-C-0170-
0183 (New York PSC May 24,2005); Sprint Communications Company, L.P., Order Ruling on
Objections and Requiring the Filing of a Composite Agreement, Docket No. P-294, Sub 30
(North Carolina Utilities Commission Dec. 31, 2008); Re: The Champaign Tel Co., Case No. 04-
1494-TP-UNC, et al. (Ohio PUC, Apr. 13, 2005); Petition of Sprint Communications Co. LP,
Order, Docket No. 32582 (Texas PUC August 14, 2006); Petilions of Vermont Telephone
Compony, Inc. and Comcast Phone of Vermont, LLC, et al. Final Order, Docket No. 7469
(Vermont Public Service Board February 2,2009).
6 See Exhibit B (attached).
7 Exhibit C (December 13,2016 Email from Grace Seaman (Utilities Analyst, Idaho PUC)
to Michael Sloan (counselto Comcast)).
4845-6963-3368v I 0I06080-0001 8I
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Comcast.8 Staffmade plain, however, that Order No. 31012 does not prevent wholesale carriers
from offering services in ldaho. To the contrary, as staff noted, OrderNo.31012 simply states
that "a CPCN is not required for telephone corporations offering non-basic local exchange
services or to obtain interconnection with the network of an ldaho ILEC."e In other words,
wholesale providers may offer their services in Idaho but are not required to be certified in order
to do so. As the Commission explained, "a CPCN is not a prerequisite to operate as a wholesale
telecommunications provider or for interconnection in Idaho."l0
Comcast subsequently complied with staffs request and withdrew its application.ll
Comcast also began preparing to provide service by, among other things, negotiating an
interconnection agreement with Centurylink. The agreement was filed with the Commission
(pursuant to 47 U.S.C. $ 252(e)) and, in its order approving the agreement, the Commission
specifically noted the following:
Our approval does not negate either party's responsibility to obtain a Certificate of
Public Convenience and Necessity f 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 $ 62-603.12
8 Ti*e V[arner Cable Information Services (Idaho), LLC Applicationfor a Cerrificate of
Public Convenience and Necessity to Provide Local Exchange and Interexchange Services in
Idaho, OrderNo. 31012, Case No. TIM-T-08-01 (lD PUC Feb.23,2010).
e Id. at2 (emphasis added).
'o Id. at 5.
32277, An Investigation of an Appropriate Certification Process for Telecommunications
Companies that do not Provide Basic Local Exchange Service,lD PUC Case No. GNR-T-11-01
(June 30,201 l).
rr See Exhibit D (attached).
" Sw Exhibit E (Commission Order No. 33855, Application of Qwest Corp. d/b/a
Centurylink QC for Approval of an Interconnection Agreement with Comcost Phone of ldaho,
LLC Pursuant to 47 U.S.C. $ 252(e), Case No. QWE-T-I7-02 (ldaho PUC Aug. 24,2017)).
4845-6963-3368v. I 0 I 06080-0001 81
-5-
Thus, the Commission explicitly recognized Comcast's authority to operate in the state and the
effectiveness of its interconnection agreement with CenturyLink, despite the lack of a CPCN.
Comcast also requested numbering resources. However, the Pooling Administrator
denied Comcast's request, citing Comcast's technical lack of a state-issued certificate or license
as grounds for doing so.13 Therefore, because Comcast has authority to operate and offer its
services in Idaho, Comcast asks the Commission to grant safety-valve relief to allow Comcast
to obtain numbering resources, in keeping with the Commission's policy promoting
competition in the telecommunications market.
Argument
The states are ultimately responsible for the allocation of telephone numbers and the
management of numbering resources. In order to preserve this state authority, the FCC
adopted the safety valve relief mechanism to allow carriers that are denied numbering
resources by the Pooling Administrator to request relief from the states on a case-by-case
basis. In its 2003 Third Report and Order, the FCC stated that a carrier "...should be able to
get numbering resources when there is a verifiable need...."14 Likewise, Section 52.15(g)(5)
of the FCC's rules states that "the state commission also may overturn the NANPA's decision
to withhold numbering resources from the carrier based on its determination that the carrier
l3 As a purely legal matter, the lack of a certification requirement in Idaho is similar to the
"blanket authority" that federal law grants providers of domestic interstate telecommunications
service. Under blanket authority, carriers may provide interstate service without receiving prior
authorization from the FCC. See 47 CFR $ 63.01. Likewise, in ldaho, wholesale carriers do not
require certification from the Idaho Commission. Thus, the certification requirement - which is
nothing more than evidence of authority to operate - that the Pooling Administrator requires
before issuing numbering resources is (arguably) already satisfied.
ta Numbering Resource Optimization, et al., Third Report and Order and Second Order on
Reconsideration, CC Docket No. 96-98 et al., 17 FCC Rcd. 2196, para. 64 (Dec. 28, 2001).
4845-6963-3368v. 1 0l 06080-0001 8 I
-6-
has demonstrated a verifiable need for numbering resources and has exhausted all other
available remedies." ls
Comcast has satisfied both requirements. Comcast needs numbering resources in order
to provide service in Idaho. Comcast has also exhausted other available remedies. Comcast
has discussed the matter with the Pooling Administrator, which advises that it cannot grant
Comcast's grant for numbering resources without guidance from the Commission.
Accordingly, Comcast seeks this relief.
Submitted this l4th day of December 2017.
Respectfully,
lil"QcPl,,^*
Michael C. Sloan
Christopher Cook
l9l9 Pennsylvania Avenue NW
Suite 800
Washington, DC 20006-3401
(202\-e73-4227
[e-mail]
Attorneyfor Comcast Phone of ldaho, LLC
's 47 c.F.R. g 52.1s(g)(s)
4845-6963-3368v. I 0 I 06080-0001 8 I
1
From:
Sent:
To:
Subject:
Cc:
john.auerbach@ neustar.biz
Friday, November 10,2017 9:13 AM
Jayswal, Shivprasad (Contractor); Panchal, Jimish (Contractor); Gondaliya, Maulik
(Contractor); [e-mail]; Code Request
[e-mail]
208-KETCHUM-lD-1045126 DENIED PAS - Part 3 Confirmation
Pooling Administration System
Dated l0 November2DlT
Tracking Number
Thousands-Block Number Pooling Administration Guidelines
(TBPAG) - Part 3
Revised: January 4,2016
Pooling Administrator's Response/Confi rmation
2O8.KETCHUM.!D.
104.5126
Date of Application:
Date of Receipt:
Service Provider Name
(LERGTM Routing
Guider) oCN:
Parent Company OCN:
NPAC SOA SPID:
1110912017 Effective Date:
1110912017 Date of Response
COMCAST PHONE OF IDAHO, LLC - ID
11t10t2017
979H
979H
Pooling Administrator Contact Information :
John Auerbach Phone
Signature of Pooling Administrator
John Auerbach
Name (print)
Email:
925-363-8706
Fax [phone]
NPA-NXX or
NPA-NXX.X:
[e-mail]
Block Assigned:
Block Reserved :
1
Block Reservation
Expiration Date :
Block/Code
Modified:
Block/Code
Disconnected :
Block Contaminated (Yes or No):
If yes, enter the number of TNs contaminated (1-1000):
Switch Identification (Switching/POI)2:
Rate Center:
BOISIDMAXMD
KETCHUM
X Form complete, request denied.
Explanation:
DR-07: The evidence of certification you submitted with your request for initial
resources is not valid according to the FCC NRO Order 00-104. Refer to the
Thousands-Block Number Pooling Administration Guidelines Section 4.3.1.1 for
acceptable documentation.
Request Withdrawn.
Explanation:
Assignment Activity Suspended by Administrator.
Explanation:
Remarks:
lf you are in disagreement with the disposition of this request, please refer to the
Thousands-Block Number (NXX-X) Pooling Administration Guidelines for the appeals
process.
rTelcordia@ is a registered trademark and LERGTM Routing Guide and iconectivrM are
trademarks and the Intellectual Property of Telcordia Technologies, Inc. dba iconectiv.
'This is an eleven-character descriptor provided by the owning entity for the purpose of
routing calls.This must be the Common Language@ Location Code (CLLITM Code; of
the switching entity/Pol shown on the Part lA form. Common Language* is a
registered trademark and CLLI is a trademark and the Intellectual Property of Telcordia
Technologies, Inc. dba iconectiv.
2
tr
Tajmr Rahimic
202-9734283 tel
202-9'134483 lw<
STAMP & RETURN [e-mail]
August 25,2016
(.rt( .te
C)
Re: Comcast Phone of ldaho, LLC
Dear Ms. Jewell:
Please find enclosed original plus seven copies of the Application for Certification on behalf of
our clienl, Comcast Phone of ldaho, LLC.
We are also enclosing a copy of this letter and the first page of the application. We would
appreciate it if you could return to us in the enclosed stamped, self-addressed envelope.
If you need any further information, please do not hesitate to contact me.
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
472West Washinglon
Boise,lD 83702
iifr! ?'axl'#r?lJ
Since;rgly,
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Suite 800
l9l9 Pennsylvania Avcnue N.W
Washington, D.C. 20006-3401
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Tajma Rahimic
Anchorage
Bellevue
Los Angeles
NewYork
Portland
San Francisco
Seattlo
Shanghai
Washington, D.C wwdw1 com
Thank you.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Application for Registration of
Comcast Phone of Idaho, LLC
To Provide Facilities-Based Wholesale
LrtcaI Tcluu:onrttrutticat iotts Scl'r,icc'l'hrrughout lclaho
. -:]
,;, !(1
APPLICATION ITOR RITGISTRATION TO PROVIDB FACILITIIIS-BASBLII
WHOLESALE I,OCAI,'IBLT]COMMUNICATIONS SERVICI.9. (=
Pursuant to IDAPA 31.01.01.114 and the ldaho Public Utilities Commission OrderNo
32277 in Case No. GNR-T-II-01, Comcast Phone of ldaho, LLC ("Comcast Phone" or
"Company") respectfully requests that the Idaho Public Utilities Commission ("Commission")
approve the Company's application for registration as a facilities-based provider of wholesale
local telecommunications services within the State of ldaho.
All correspondence, notices, inquiries and other communications regarding this
Application should be addressed to:
Michael C. Sloan
Tajma Rahimic
Davis Wright Tremaine LLP
1919 Pennsylvania Ave NW Suite 800
Washington, DC 20006
P: [phone]
F: [phone]
Email: [e-mail]
Email : taj [e-mail]
ln support of this Application, Comcast Phone submits the following:
01. Name, Address and Form of Business:
(a) Comcast Phone of ldaho, LLC is a limited liability company organized in the
State of Delaware. The main address of the Company is:
One Comcast Center,
Philadelphia, PA 19103
Exhibit A includes a copy of the Company's Certificate of Formation, and the
Secretary of State certificate.
;*Jii']
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Case No.
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DWT 293 927 29v2 0 I 06080-000 I 79
Sloan, Michael
From:
Sent:
To:
Subject:
Grace Seaman <[e-mail]>
Tuesday, December 73, 2OL6 4:42 PM
Sloan, Michael
Idaho PUC Case No. CPI-T-16-01
Mr. Sloan,
I am sending this email in response to our conversation last month regarding Comcast's Application for Registration to
Provide Facilities-Based Wholesale Local telecommunications Services in ldaho. As we discussed, the ldaho Commission
does not have jurisdiction over VolP and Access services. Further, a registration does not convey any right-of-way
privileges, nor does the Commission get involved in right-of-way negotiations. For these reasons, I am unable to process
this Application and ask that you withdraw the Petition.
Thank you,
Grace Seaman I Utilities Analyst I ldaho PUC
T: 208.334.0352 | F:208.334.3762
qrace.seaman@puc. idaho.qov
472W. Washington I PO Box $720 | Boise, lD 83720-0074
CONFIDENTIAL NOTICE: This messoge, including ony ottochments, is solely for the use of the individuol or entity intended to receive it. lt moy
contoin confidentiol ond proprietory informotion ond ony unouthorized review, use, disclosure or distribution is prohibited, f you ore not the
intended recipient(s) or if you hove received this messoge in error, pleose contoct the sender by reply email ond permonently delete it.
1
Sloan, Michael
Sent:
To:
Cc:
From:
Attachments:
Sloan, Michael
Wednesday, July 05, 20L7 3:34 PM
'[e-mail] ho.gov'
'[e-mail]'; Beth O'Donnell ([e-mail]);
Robert Munoz ([e-mail]); Rahimic, Tajma; Don Laub
([e-mail])
CPT-T-16-01 Comcast Application
Letter to Withdraw Application - Comcast Phone of Idaho 4829-4475-8603 v.pdf
Subiect:
Dear Ms. Hanian:
Please find attached a letter from Comcast Phone of ldaho, LLC withdrawing the above-captioned application.
Please do not hesitate to contact me if I can provide you with any additional information.
Respectfully yours,
Michael Sloan
MichaelC. Sloan I Davis Wright Tremaine LLP
1919 Pennsylvania Ave NW, Suite 800 | Washington, DC 20006
Tel: [phone] lFax: (202) 9734499
Email: [e-mail] I Website: www.dwt.com
AnchoragelBellevuelLosAngeleslNewYorklPortlandlSanFranciscolSeattlelShanghailWashington,D.C.
1
Suite 800
19'19 Pennsylvania Avenue NW
Washington, DC 20006-3401
Michael C. Sloan
202.973j227 Tet)
202.973.4499 (Fax)
[e-mail]
VIA ELECTRONIC MAIL
luly 5,2017
Ms. Diane Hanian
Commission Secretary
Idaho Public Utilities Commission
472West Washington
Boise, lD 83702
Email : [e-mail]
RE: lilithdrawal of Application in Case No. CPT-T-1G01, Comcost Phone of ldaho,
LLC
Dear Ms. Hanian:
Comcast Phone of Idaho, LLC ("Comcast Phone"), hereby withdraws the Application for
Registration to Provide Facilities-Based Wholesale Local Telecommunications Services
("Application"), which it filed with the Commission on August25,2016. Following the filing of
the Application, Comcast Phone learned that a grant of authority by the Commission is not
necessary for Comcast Phone to provide the telecommunications services that intends to provide
in ldaho. Consequently, in consultation with Commission staff, Comcast Phone withdraws the
Application.
Please do not hesitate to contact me if you need any further information.
Respectfully yours,
Li! ?ayl"#:rlJ
,l;l"QcPl,,^*
cc
MichaelC. Sloan
Grace Seaman
Don Laub
Robert Munoz
Beth O'Donnell
4829-4475-8603v. I 0l 06080-0001 79
From:
To:
Subject:
Date:
Diane Holt
Sloan. Michael
RE: CPT-T-16-01 Crmcast Application
Wednesday, July 05, 2017 5:10:10 PM
Received
Diane Hanian
Commission Secretary
d iane.holt@puc. idaho.gov
208-334-0338
Idaho Public Utilities Commission
From: Sloan, Michael [mailto:[e-mail]]
Sent: Wednesday, July 5, 2017 L:34 PM
To: Diane Holt <[e-mail]>
Cc: G race Sea man <Grace.Seama n @ puc.ida ho.gov>; Beth O' Don nell
(Beth_O Don nell @Comcast.com ) <Beth_ODonnel I @ Comcast.com>; Robert M u noz
( robert_m [e-mail]) <robert_m [e-mail]>; Ra h im ic, Tajma
<Taj ma Ra him [e-mail]>; Don Lau b ( [e-mail] )
<[e-mail]>
Subject: CPT-T-16-01 Comcast Application
Dear [\21s. Hanian
Please find attached a letter from Comcast Phone of ldaho, LLC withdrawing the above-captioned
application.
Please do not hesitate to contact me if I can provide you with any additional information.
Respectfully yours,
Michael Sloan
Michael C. SIoan I Davis Wright Tremaine LLP
1919 Pennsylvania Ave NW, Suite 800 | Washington, DC 20006
I el. (202) 97 3-4227 | F ax: (202) 97 3-4499
Email: [e-mail] I Website: www.dwt.com
AnchoragelBellevuelLosAngeleslNewYorklPortlandlSanFranciscolSeattlelShanghailWashington,D.C.
Office of the Secretary
Serl'ice Date
August 24. 201 7
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE }IATTER OF THE APPLICATION
oF QWEST C0RPORA'IrON DBA
CENTURYLTNK QC TOR APPROVAL OF
AN IN'TERCONNECTION AGREBMENT
WITH COMCAST PHONE OF IDAHO, LLC
PURSUANT TO {7 tr.S.C. $ 2s2(e).
CASE NO. QWE-T-t7-A2
ORDER NO. 338s5
)
)
)
)
)
)
)
On August 11. 2017, Qwest Corporation dba C'enturyt,ink QC ("Centuryl,ink")
applied to the Commission for an Order approving their lnterconnection Agreement with
Comcast Phone of ldaho, LLC ("Conrcasl"). With this Order. the Commission approves the
Interconnection Agreement.
BACKGROUND
Under the provisions ol' the fcderal Telecommunications Act of 1996.
interconnection agreements must be submitted to the Cornmission fbr approval. 47 LJ.S.C. $
252(e)(l ). 'l'he Commission may reject an agrecment adopted by negotiations only if it flnds that
the agreement: (l) discriminates against a telecommunications carrier not a party to the
agreemenU or (2) implenrentation of the agreement is not consistent with the public intercst,
convenience and necessity. 47 U.S.C. $ 252(eX2XA). As the Commission noted in Order No.
28427. companies voluntarily entering into interconneclion agreements "may negotiate tenns,
prices and conditions that do no1 comply with either the I]CC rulcs or with the provision of
Section 251(b) or (c)." Order No. 28427 at 1l (emphasis in original). 1'his comports with the
IrCC's statement that "a slate commission shall have authority to approve an intcrcomrection
agreement adopted by negotiation even if the terms of the agreement do not comply with the
requirements ol'IPart 51]." 47 C.F.R. $ 5l .3.
THE APPLICATION
The Appticant asked the Commission to approve its proposed Interconneclion
Agreement. 'l'he Applicant states that the proposed Interconnection Agreement \f,,as voluntarily
negotiated and establishes rates, terms and conditions for interconnection, unbundled network
elements (UNE), ancillary serv'ices and resale of telecommunications services.
ORDIT,R NO. 3i855 I
STAFF RECOMN{ENDATION
Staff reviewed the Application and Interconnection Agreement and believes the
tenns and conditions are not discriminatory or contrary to the public interest. Staf f also believes
the Interconnection Agreement is consistent w'ith the pro-competitive policies of this
Commission. the Idaho Legislature, and the federal Telecommunications Act ol' 1996.
Accordingly, Staff recommended that the Commission approve the Interconnection Agreement.
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
linrited. The Commission may reject an agreement adopted by negotiation onl), if it finds that
the agreement discriminates against a telecommunications carrier not a pany to the agreement or
implementation of the agreernent is not consistent with the public interest, convenience and
necessity. /r/.
Based upon our review of the Application, Interconnection Agreement and Staff"s
recommendation, the Commission finds that the Interconnection Agreement is consistent with
the public interest, convenience and necessity and does not discriminate. 'lherefore, the
Comnrission finds that the Inlerconnection Agreement at issue should be approved. Our
approval does not negate either party's responsibility to obtain a Certificate of Public
Convenience and Necessity if they offer local exchange services, or to comply with ldaho Code
$$ 62-604 and 62-606 if they provide other non-basic local telecommunications services as
defined by ldaho Code $ 62-603.
ORDER
IT IS I'IEREBY ORDERED that the Interconnection Agreement betu'een Qwest
Corporation dba Centurylink QC and Comcast Phone of ldaho, LLC, Case No. QWE-T-17-02,
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 ldaho C'ode $$ 61-
626 and 62-619.
2oRDtsR NO. 33855
DONE by' Order of the ldaho Public Utilities Commission at Boise. Idaho this i "t lL
day of August 2017
PA ENT
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ERIC ANDERSON. COMMISSIONER
ATTEST:
Diane M. Hanian
Commission Secretary
hlsl{):QWI:-'l'- I 7-02
JORDER NO. 33t]55