20140613final_order_no_33058.pdf

Office of the Secretary
Service Date
June 13,2014
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF CENTURYLINK OF THE GEM STATE,)CASE NO.CGS-T-lO-02
INC.DBA CENTURYLINK FOR APPROVAL )
OF AMENDMENTS TO ITS )
INTERCONNECTION AGREEMENT WITH )
ALLIED WIRELESS COMMUNICATIONS )
CORPORATION PURSUANT TO 47 U.S.C.§)
252(e))
_________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF CENTURYLINK OF IDAHO DBA )CASE NO.CEN-T-1O-02
CENTURYLINK FOR APPROVAL OF )
AMENDMENTS TO ITS )
INTERCONNECTION AGREEMENT WITH )
ALLIED WIRELESS COMMUNICATIONS )
CORPORATION PURSUANT TO 47 U.S.C.§)
252(e))
_________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION DBA )CASE NO.QWE-T-Ol-27
CENTURYLINK QC FOR APPROVAL OF )
AMENDMENTS TO ITS )
INTERCONNECTION AGREEMENT WITH )
T-MOBILE USA INC.FKA VOICESTREAM )ORDER NO.33058
WIRELESS CORPORATION FOR THE )
STATE OF IDAHO PURSUANT TO 47 U.S.C.)
§252(e))
In these cases,the Commission is asked to approve amendments to previously
approved 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,interconnection
agreements,including amendments thereto,must be submitted to the Commission for approval.
47 U.S.C.§252(e)(l).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.33058 1
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 APPLICATIONS
1.CenturyLink of the Gem State dba CenturyLink and Allied Wireless
Communications Corporation,Case No.CGS-T-10-02.On May 30,2014,CenturyLink of the
Gem State submitted an Application for approval of amendments to its Interconnection
Agreement with Allied.The parties’original interconnection Agreement was approved by the
Commission on August 26,2010.See Commission Order No.32055.
With this Application,the parties seek to amend the terms,conditions,and rates of
the Agreement to reflect the Federal Communications Commission’s ICC Bill and Keep
requirements in Docket No.0 1-92,In the Matter of Developing a Unified Intercarrier
Compensation Regime.
2.CenturyLink of Idaho dba CenturyLink and Allied Wireless Communications
Corporation,Case No.CEN-T-10-02.On May 30,2014,CenturyLink of Idaho submitted an
Application for approval of amendments to its Interconnection Agreement with Allied.The
parties’original Interconnection Agreement was approved by the Commission on August 26,
2010.See Commission Order No.32055.
With this Application,the parties seek to amend the terms,conditions,and rates of
the Agreement to reflect the Federal Communications Commission’s ICC Bill and Keep
requirements in Docket No.01-92,In the Matter of Developing a Unified Intercarrier
Compensation Reginze.
3.Qwest Corporation dba CenturyLink OC and T-Mobile USA,Inc.,Case No.
OWE-T-01-27.On May 30,2014,CenturyLink submitted an Application for approval of
amendments to its Interconnection Agreement with T-Mobile.The parties’original
Interconnection Agreement was approved by the Commission on February 28,2002.See
Commission Order No.28965.
ORDER NO.33058 2
With this Application,the parties seek to amend the terms,conditions,and rates of
the Agreement to reflect the Federal Communications Commission’s ICC Bill and Keep
requirements in Docket No.01-92,In the Matter of Developing a Unified Intercarrier
Compensation Regime.
STAFF RECOMMENDATION
Staff reviewed the foregoing Applications and did 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 recommended the Commission approve the foregoing 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 Staff’s recommendations,the
Commission finds that the amendments to the Interconnection Agreements are consistent with
the public interest,convenience and necessity and do not discriminate.Therefore,the
Commission finds that the amendments to the Agreements,reviewed by Staff and more fully
described above,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 CenturyLink of the Gem State,Inc.dba CenturyLink and Allied Wireless
Communications Corporation,Case No.CGS-T-10-02,are approved.
ORDER NO.33058 3
IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement
between CenturyLink of Idaho dba CenturyLink and Allied Wireless Communications
Corporation,Case No.CEN-T-10-02,are approved.
IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement
between Qwest Corporation dba CcnturyLink QC and T-Mobile USA Inc.fka VoiceStream
Wireless Corporation,Case No.QWE-T-0l-27,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.
,DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /3
day of June2014.
PAUL K LLANI5,PRESIDENT
MACK A.RED RD,CO SIONER
ti4kL
MARSHA H.SMITH,COMMISSIONER
ATTEST:
Jean D.Jewell
Commission Secretary
O:CGS-T-I O-02_CEN-T-I O-O2QWE-T-OI -27_np
ORDER NO.33058 4