20140911final_order_no_33125.pdf

Office of the Secretary
Service Date
September 11,2014
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION DBA CENTURYLINK )CASE NO.QWE.-T-02-08
QC REQUESTING APPROVAL OF AN )
AMENDMENT TO ITS INTERCONNECTION )
AGREEMENT WITH LEVEL 3 )ORDER NO.33125
COMMUNICATIONS LLC PURSUANT TO 47 )
U.S.C.§252(e))
In this case,the Commission is asked to approve the Application to amend its
Interconnection Agreement.With this Order,the Commission approves the amendment to the
parties’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 APPLICATION
On August 14,2014,CenturyLink submitted an Application for approval to amend its
Interconnection Agreement with Level 3 Communications,which was initially approved by the
Commission on May 22,2002.See Order No.29033.In the Application,the parties request that
the Commission approve the modification for Toll VoIP-PSTN Traffic as outlined in Exhibit A
of their Application.
ORDERNO.33125 1
STAFF RECOMMENDATION
Staff reviewed the Application for approval of the amendment to the parties’
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 amendment to the
Interconnection Agreement is 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 amendment to the parties’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)(l).The Commission’s review is limited,however.The Commission may reject an
agreement adopted by negotiation 2111Y 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 the Staff’s recommendation,the
Commission finds that the amendment to the parties’Interconnection Agreement is consistent
with the public interest,convenience and necessity and does 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 amendment to the Interconnection Agreement
between Qwest Corporation dba CenturyLink QC and Level 3 Communications LLC,Case No.
QWE-T-02-08,is 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
ORDERNO.33125
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 /I
day of September 2014.
7 7:.
,7
PAUL KJELLANER.C€5MMISSIONER
MACK A.RED,COMMISSIONER
JQt/7/8
ATTEST:
Jean D.Jewell
Cofnmission Secretary
O:QWE-T-02-O8np
MARSHA H.SMITH,COMMISSIONER
ORDERNO.33125