20130109final_order_no_32712.pdf

Office of the Secretary
Service Date
January 9,2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLiCATION OF )
QWEST CORPORATION DBA )CASE NO.QWE-T-Oi-O1
CENTURYLINK QC FOR APPROVAL OF )
AMENDMENTS TO ITS INTERCONNECTION )
AGREEMENT WITH WASHINGTON RSA NO.)
8 LP C/O INLAND CELLULAR PURSUANT TO )
47 U.S.C.§252(e))
______________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION OF )
TDS TELECOMMUNICATIONS )CASE NO.GNR-T-OO-21
CORPORATION FOR APPROVAL OF )
AMENDMENTS TO ITS INTERCONNECTION )
AGREEMENT WITH UNITED STATES )ORDER NO.32712
CELLULAR CORPORATION PURSUANT TO )
47 U.S.C.§252(e))
____________________
)
In these cases,the Commission is asked to approve amendments to the
Interconnection Agreements.With this Order,the Commission approves the amendments to the
Interconnection Agreements.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996 (“the Act”),
interconnection agreements,including amendments thereto,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.
ORDER NO.32712 1
THE APPLICATIONS
1.Qwest Corporation dba CenturyLink QC and Washington RSA No.8 LP do
Inland Celullar,Case No.QWE-T-01-01.On December 17,2012.CenturyLink submitted an
Application for approval of Amendments to its Interconnection Agreement with Washington
RSA,previously approved by the Commission on February 27,2001.See Order No.28656.In
the Application,CenturyLink states that the amendments are in compliance with the recent
Federal Communication Commission’s (FCC)Order establishing obligations with respect to the
exchange of traffic between telecommunications carriers.See FCC Docket No.01-92.The
general terms and conditions are set forth in Attachment 1 to the parties’Agreement.
2.TDS Telecommunications Corporation and United States Cellular Corporation,
Case No.GNR-T-00-21.On December 17,2012,TDS submitted an Application for approval of
amendments to its existing Interconnection Agreement with USSC,a Commercial Mobile Radio
Service (CMRS)provider,previously approved by the Commission on September 1,2000.See
Order No.28500.
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
Amendments to the Interconnection Agreements are consistent with the pro-competitive policies
of this Commission,the Idaho Legislature,and the federal Telecommunications Act.
Accordingly.Staff recommends that the Commission approve the Amendments to the
Interconnection Agreements.
COMMISSION FINDINGS
Under the terms of the Telecommunications Act,interconnection agreements,
including amendments thereto,must be submitted to the Commission for approval.47 U.S.C.§
252(e)(l).However,the Commission’s review is limited.The Commission may reject an
agreement adopted by negotiation y 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 amendments to the Agreements are consistent with the public interest,
convenience and necessity and do not discriminate.Therefore,the Commission finds that the
ORDERNO.32712
amendments to the Agreements should be approved.Approval of the Agreements does not
negate the responsibility of either party to these Agreements 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 Amendments to the Interconnection Agreement
between Qwest Corporation dba CenturyLink QC and Washington RSA No.8 LP do Inland
Cellular,Case No.QWE-T-01-01,are approved.
IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement
between TDS Telecommunications Corporation and United States Cellular Corporation,Case
No.GNR-T-00-21,are 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 Idaho Code §61-
626 and 62-6 19.
ORDER NO.32712 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this Q
day of January 2013.
PAUL KJELLA,(ESIDENT
MACK A REDFORD,CO MISSIONER
MARSHA H.SMITH,COMMISSIONER
ATTEST:
Ja’an D.Jewel(J
Cmmission Secretary
O:QWE-T-0 1-0 IGNR-T-0O-2 I np
ORDER NO.32712 4