20140717final_order_no_33077.pdf

Office of the Secretary
Service Date
July 17,2014
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION DBA CENTURYLINK )CASE NO.QWE-T-0O-20
QC FKA U S WEST COMMUNICATIONS,INC.)
REQUESTING APPROVAL OF AN )
AMENDMENT TO ITS INTERCONNECTION )
AGREEMENT WITH CRICKET )ORDER NO.33077
COMMUNICATIONS,INC.PURSUANT TO 47 )
U.S.C.§252(e))
In this case,the Commission is asked to approve amendments to the Interconnection
Agreement between Qwest Corporation dba CenturyLink QC fka U S WEST Communications,
Inc.and Cricket Communications,Inc.With this Order,the Commission approves the
amendments to the Interconnection Agreement.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996,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 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
On July 9,2014,CenturyLink submitted an Application to amend its Interconnection
Agreement with Cricket.The original Interconnection Agreement was approved by the
Commission on January 26,2001.See Order No.28618.
The proposed amendments seek to change the Bill and Keep arrangement between the
parties pursuant to a recent Federal Communications Commission (FCC)Order in FCC Docket
ORDER NO.33077 1
No.01-92.The general terms and conditions are set forth in Attachment I to their amended
Agreement.
STAFF RECOMMENDATION
Staff reviewed the Application for approval of the amendments to the Interconnection
Agreement and does not find any tenns or conditions that it considers to be discriminatory or
contrary to the public interest.Staff believes that the amendments to the Interconnection
Agreement are consistent with the pro-competitive policies of this Commission,the Idaho
Legislature,and the federal Telecommunications Act of 1996.Accordingly,Staff recommended
the Commission approve the amendments to the Interconnection Agreement.
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).The Commission’s review is limited,however.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 Staffs recommendation,the
Commission finds that the amendments to the Interconnection Agreement are consistent with the
public interest,convenience and necessity and do not discriminate.Therefore,the Commission
finds that the Agreement,including amendments thereto,should be approved.Approval of an
interconnection agreement does not negate the responsibility of either party to an agreement 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 fka U S WEST Communications,Inc.and
Cricket Communications,Inc.,Case No.QWE-T-00-20,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
ORDER NO.33077 2
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 /7’
day of July 2014
PAUL KJELLA D ,COMMISSIONER
ATTEST:
/1 /\//••I
A&i .IJ /
Jean D Jewell
Commission Sretary
MARSHA H.SMITH,COMMISSIONER
/fL
ORDER NO.33077 3