20190221final_order_no_34248.pdf

Office of the Secretary
Service Date
February 21,2019
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )QWEST CORPORATION DBA CENTURYLINK )CASE NO.QWE-T-02-08
QC REQUESTINGAPPROVAL OF AN )
AMENDMENT TO ITS INTERCONNECTION )AGREEMENT WITH LEVEL 3 )ORDER NO.34248
COMMUNICATIONS LLC PURSUANT TO 47 )
U.S.C.§252(e))
On January 22,2019,CenturyLink requested that the Commission approve its
Application to amend its Interconnection Agreement with Level 3 Communications.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 n_ot 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 January 22,2019,CenturyLinksubmitted 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 Reciprocal Compensation Bill and Keep Amendment as
attached to their Application.
ORDER NO.34248 1
STAFF RECOMMENDATION
Staff reviewed the Application for approval of the amendment to the parties'
Interconnection Agreement and did not find any terms or conditions that it considers to be
discriminatory or contrary to the public interest.Staff believes the amendment,and the
underlying agreement,is consistent with the pro-competitive policies of the 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 federal 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.The Commission may reject an agreement adopted by
negotiation _only if it fmds 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 Staff's recommendation,the
Commission finds the amendment to the parties'Interconnection Agreement is consistent with
the public interest,convenience and necessity and does not discriminate.Therefore,the
Commission finds the Agreement,includingamendments 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 CenturyLinkQC 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
reconsideration,any other person may cross-petition for reconsideration.See Idaho Code §§61-
626 and 62-619.
ORDER NO.34248 2
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of February 2019.
PAUL KJELLA RESIDENT
KRIS WE RAPER,COMMISSIONER
ERIC ANDERSON,COMMISSIONER
Diane M.Hanian
Commission Secretary
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ORDER NO.34248 3