20150821final_order_no_33362.pdf

Office of the Secretary
Service Date
August 21,2015
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION DBA )CASE NO.QWE-T-02-08
CENTURYLINK QC FOR APPROVAL OF AN )
AMENDMENT TO 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.DBA )CASE NO.CEN-T-15-03
CENTURYLINK FOR APPROVAL OF ITS )
TRAFFIC EXCHANGE AGREEMENT WITH )
LEVEL 3 COMMUNICATIONS,L.L.C.)
PURSUANT TO 47 U.S.C.§252(e))
____________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION OF )
CENTURYTEL OF THE GEM STATE,INC.)CASE NO.CGS-T-15-03
DBA CENTURYLINK FOR APPROVAL OF )
ITS TRAFFIC EXCHANGE AGREEMENT )
WITH LEVEL 3 COMMUNICATIONS,L.L.C.)ORDER NO.33362
PURSUANT TO 47 U.S.C.§252(e))
In these cases,the Commission is asked to approve an amendment to a previously
approved Interconnection Agreement and Wireless Traffic Exchange Agreements.With this
Order,the Commission approves the aforementioned Agreements.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996 (“the Act”),
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 25 1(b)or (c).”Order No.28427 at 11
(emphasis in original).This comports with the FCC’s statement that “a state commission shall
ORDER NO.33362 1
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 51j.”47 C.F.R.§51.3.
THE APPLICATION
1.Owest Corporation dba CenturyLink OC and Level 3 Communications,LLC,
Case No.QWE-T-02-08.On July 15,2015,the Commission received an Application requesting
approval of an amendment to the Interconnection Agreement.The parties’original Agreement
was approved by the Commission on May 22,2002.See Order No.29033.
The Amendment submitted with this filing is adding terms,conditions and rates for
Collocation DC Power Measurement as set forth in Attachment 1 with the filing.According to
the parties,this Amendment was reached through voluntary negotiations without resort to
mediation or arbitration.
2.CenturyTel of Idaho,Inc.dba CenturyLink and Level 3 Communications,LLC,
Case No.CEN-T-15-03.On July 10,2015,CenturyTel of Idaho submitted an Application for
approval of its Traffic Exchange Agreement with Level 3.The Agreement establishes terms and
conditions for interconnection,transport and termination of traffic,ancillary services,and
pricing.
3.CenturyTel of the Gem State dba CenturyLink and Level 3 Communications,
LLC,Case No.CGS-T-15-03.On July 10,2015,CenturyTel of the Gem State submitted an
Application for approval of its Traffic Exchange Agreement with Level 3.The Agreement
establishes terms and conditions for interconnection,transport and termination of traffic,
ancillary services,and pricing.
STAFF RECOMMENDATION
Staff reviewed the Applications and did not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest.Staff believes that all of the
Agreements referenced above 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 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)(1).However,the Commission’s review is limited.The Commission may reject an
ORDER NO.33362
agreement adopted by negotiation piy 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 Agreements are consistent with the public interest,convenience and
necessity and do not discriminate,Therefore,the Commission finds that the Amendment and the
Agreements should be approved.Approval does not negate the responsibility of any party 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.
IT IS FURTHER ORDERED that the Wireless Traffic Exchange Agreement between
CenturyTel of Idaho,Inc.dba CenturyLink and Level 3 Communications,LLC,Case No.CEN
T-15-03,is approved.
IT IS FURTHER ORDERED that the Wireless Traffic Exchange Agreement between
CenturyTel of the Gem State,Inc.dba CenturyLink and Level 3 Communications,LLC,Case
No.CGS-T-15-03,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
reconsideration,any other person may cross-petition for reconsideration.See Idaho Code §61-
626 and 62-619.
ORDER NO.33362 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this J ‘
day of August 2015.
PAUL KJELLAN R,PRESIDENT
4,ZJL&
MARSHA H.SMITH,COMMISSIONER
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K STINE RAPER,COMMISSIONER
ATTEST:
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Commission ecretary
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ORDERNO.33362 4