20131011final_order_no_32907.pdf

Office of the Secretary
Service Date
October 11,2013
BEFORE TIlE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION DBA CENTURYLINK QC )CASE NO.QWE-T-02-08
REQUESTING APPROVAL OF AMENDMENTS TO )
ITS INTERCONNECTION AGREEMENT WITH )
LEVEL 3 COMMUNICATIONS,LLC PURSUANT )ORDER NO.32907
TO 47 U.S.C.§252(e))
____________________________________________________________________________________________________
)
In this case,the Commission is asked to approve amendments to Qwest Corporation
dba CenturyLink QC’s existing Interconnection Agreement with Level 3 Communications,LLC.
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)(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.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
On September 26,2013,the Commission received a proposed amendment to the
parties’Interconnection Agreement that was originally approved by the Commission on May 22,
2002.See Order No.29033.In the filing,the companies seek Commission approval to add
terms and conditions that will set out rates,terms and conditions for the exchange of VoIP traffic
between CLEC providers and LECs.This filing is being made in compliance with the Federal
ORDER NO.32907 1
Communications Commission’s (FCC)decision in Docket No.01-92,In the Matter of
Developing a Unified Intercarrier Compensation Regime.
On September 27,2013.the Commission received another proposed amendment to
the parties’Interconnection Agreement.In the filing,the companies seek Commission approval
to add terms and conditions along with Exhibit H (Calculation of the Relative Use Factor
(RUF)).
On October 3,2013.the Commission received a third Application proposing yet
another amendment to the parties’Interconnection Agreement.In the filing,the companies seek
Commission approval to add terms,conditions and rates for Bill and Keep VNXX as set forth in
Attachment 1 to this amendment.
According to the parties,the amendments were agreed to and reached through
voluntary negotiations without resort to mediation or arbitration.
STAFF RECOMMENDATION
Staff reviewed the Applications for approval of amendments to the Interconnection
Agreement 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
Agreement are consistent with the pro-competitive policies of this Commission,the Idaho
Legislature,and the federal Telecommunications Act of 1996.Accordingly,Staff recommended
that the Commission approve the amendments to the 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).The Commission’s review is limited,however.The Commission may reject an
agreement adopted by negotiation çy 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
ORDER NO.32907 2
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 Level 3 Communications.LLC,Case No.
QWE-T-02-08,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 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /1
day of October 2013.
—-//7
(‘I’PAUL KJELLANJR,COMMISSIONER
)&.L
MACK A.REDFORD.COMMISSIONER
MARSHA H.SMITH.COMMISSIONER
ATTEST:
A 1
//A_.-(
Xen D.Jew4
Commission secretary
O:QWE-T-02-O8np
ORDER NO.32907 3