20140501final_order_no_33033.pdf

Office of the Secretary
Service Date
May 1,2014
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION,DBA CENTURYLINK )CASE NO.QWE-T-02-21
QC,FOR APPROVAL OF AN AMENDMENT TO )
ITS INTERCONNECTION AGREEMENT WITH )
SPRINT SPECTRUM L.P.,PURSUANT TO 47 )ORDER NO.33033
U.S.C.§252(e))
In this case,the Commission is asked to approve an amendment to the
Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Sprint
Spectrum L.P.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)(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 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 April 11,2014,CenturyLink and Sprint filed a joint Application for an
amendment to their Interconnection Agreement,initially approved by the Commission on
November 27,2012.See Order No.29163.In the Application,the parties state that their joint
filing contains terms and conditions for Bill and Keep requirements.According to the parties,
the new Bill and Keep terms were established by the Federal Communications Commission
(FCC)in Docket No.01-92,In the Matter of Developing a Unified Intercarrier Compensation
ORDERNO.33033 1
Regime.In its order,the FCC changed the current state of applicable law regarding requirements
surrounding the exchange of traffic between providers.
STAFF RECOMMENDATION
Staff reviewed the Application for approval of the aforementioned 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 is
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 Amendment 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)(l).The Commission’s review is limited,however.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 Application and the Staff’s recommendation,the
Commission finds that the amendments to the parties’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 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 Sprint Spectrum L.P.,Case No.QWE-T
02-21,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
ORDER NO.33033 2
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 3O
day of April 2014.
CO I ONER
PAUL COMMISSIONER
MACK A.REDFD,
MARSHA H.SMITH,COMMISSIONER
ATTEST:
ommission ecretary
O:QWE-T-02-2 Inp
ORDER NO.33033