20120815final_order_no_32619.pdf

Office of the Secretary
Service Date
August 15,2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION DBA )CASE NO.QWE-T-08-O1
CENTURYLINK QC FOR APPROVAL OF )
AMENDMENTS TO ITS )
INTERCONNECTION AGREEMENT WITH )
BANDWIDTH.COM CLEC,LLC )
PURSUANT TO 47 U.S.C.§252(e))
__________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION DBA )CASE NO.QWE-T-02-02
CENTURYLINK QC FOR APPROVAL OF )
AMENDMENTS TO ITS )
INTERCONNECTION AGREEMENT WITH )
XO COMMUNICATIONS SERVICES INC.)
PURSUANT TO 47 U.S.C.§252(e))
____________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF CITIZENS TELECOMMUNICATIONS )CASE NO.CTC-T-12-O1
COMPANY OF IDAHO,INC.FOR )
APPROVAL OF ITS INTERCONNECTION )
AGREEMENT WITH LEVEL 3 )
COMMUNICATIONS,LLC PURSUANT TO )
47 U.S.C.§252(e))
_________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF CENTURYTEL OF IDAHO,INC.AND )CASE NOS.CEN-T-12-04
CENTURYTEL OF THE GEM STATE,INC.)CGS-T-12-04
DBA CENTURYLINK,FOR APPROVAL OF )
ITS INTERCONNECTION AGREEMENT )
WITH GRANITE )ORDER NO.32619
TELECOMMUNICATIONS,LLC )
PURSUANT TO 47 U.S.C.§252(e))
In these cases,the Commission is asked to approve new Interconnection Agreements
and amendments to Interconnection Agreements.With this Order,the Commission approves the
Interconnection Agreements and 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)(1).The Commission may reject an agreement adopted by negotiations only
ORDER NO.32619 1
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 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
1.Owest Corporation dba CenturyLink OC and Bandwidth.com CLEC,LLC,Case
No.QWE-T-08-0l.On August 7,2012,CenturyLink QC submitted an Application seeking
approval of amendments to its Interconnection Agreement with Bandwidth.com.The parties’
original Agreement was approved by the Commission on April 11,2008.See Order No.30527.
The proposed amendment is in compliance with Federal Communications Commission (FCC)
Docket No.01-92.The amendment pertains to the parties’rights and obligations in the
exchange of VoIP traffic.The new FCC rules went into effect on December 29,2011.See FCC
11-161.The amended Agreement with the new terms,conditions and rates can be found in
Attachment 1 and Exhibit A of the Application.
2.Qwest Corporation dba CenturyLink OC and XO Communications Services,Inc.,
Case No.QWE-T-02-02.On August 7,2012,CenturyLink QC submitted an Application
seeking approval of amendments to its Interconnection Agreement with XO.The parties’
original agreement was approved by the Commission on February 28,2002.See Order No.
28964.The proposed amendment is in compliance with Federal Communications Commission
(FCC)Docket No.01-92.The amendment pertains to the parties’rights and obligations in the
exchange of VoIP traffic.The new FCC rules went into effect on December 29,2011.See FCC
11 -161.The amended Agreement with the new terms,conditions and rates can be found in
Attachment 1 and Exhibit A of the Application.
3.Citizens Telecommunication Company,Inc.and Level 3 Communications,LLC,
Case No.CTC-T-12-01.On July 24,2012,Citizens submitted an Application seeking the
Commission’s approval of its Interconnection Agreement with Level 3.The parties request that
ORDER NO.32619 2
the Commission approve an Interconnection Agreement that includes terms and conditions,
ancillary services,local number portability,reciprocal compensation,and pricing for
interconnection of facilities and networks for transport of local traffic between the companies.
4.CenturyTel of Idaho,Inc.and CenturyTel of the Gem State,Inc.dba CenturyLink
and Granite Telecommunications,LLC,Case Nos.CEN-T-12-04 and CGS-T-12-04.On July
20,2012,CenturyLink submitted an Application seeking the Commission’s approval of the
parties’Interconnection Agreement with Granite.The parties request that the Commission
approve an agreement that includes terms,conditions,ancillary services and pricing for the
resale of telecommunications services within the State of Idaho.
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
Interconnection Agreements and 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 that the Commission
approve the foregoing Interconnection Agreements and amendments to Interconnection
Agreement.
COMMISSION DECISION
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)(1).However,the Commission’s review is limited.The Commission may reject an
agreement adopted by negotiation 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 Staffs recommendations,the
Commission finds that the Interconnection Agreements and amendments to the Interconnection
Agreement are consistent with the public interest,convenience and necessity and do not
discriminate.Therefore,the Commission finds that the Interconnection Agreements and
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
ORDER NO.32619 3
exchange services or to comply with Idaho Code §sS 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 Bandwidth.com CLEC,LLC,Case No.
QWE-T-08-0 1,are approved.
IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement
between Qwest Corporation dba CenturyLink QC and XO Communications Services,Inc.,Case
No.QWE-T-02-02,are approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Citizens
Telecommunications Company,Inc.and Level 3 Communications,LLC,Case No.CTC-T-12-
01,is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between
CenturyTel of Idaho,Inc.and CenturyTel of the Gem State,Inc.dba CenturyLink and Granite
Telecommunications,LLC,Case Nos.CEN-T-12-04 and CGS-T-12-04,is approved.
THIS IS A FNAL 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.32619 4
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this j
day of August 2012.
ATTEST:
MACK A.REDF ,COMMISSIONER
L
MARSHA H.SMITH,COMMISSIONER
/1 J••••.A
Jean D Jewell
Commission Scretary
O:QWE-’IO8-OiQWE-T-O2-O2CTC-T-l2-Ol_CEN-T-1 2-4_CGS-Ti2-O4np
ORDER NO.32619 5