20120224final_order_no_32469.pdf

Office of the Secretary
Service Date
February 24,2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION,DBA CENTURYLINK )CASE NO.QWE-T-03-13
QC,FOR APPROVAL OF AN AMENDMENT TO )ITS INTERCONNECTION AGREEMENT WITH )NEW CINGULAR WIRELESS PCS,LLC )ORDER NO.32469
PURSUANT TO 47 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 New Cingular
Wireless PCS.LLC.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 pp comply with either the FCC rules or with the
provision of Section 251(b)or (c).”Order o.28427 at 11 (emphasis in original).This
comports with the FCC’s statement that a state commission shall have authority to approve an
intercomiection 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 February 9,2012.the Commission received an Application from CenturyLink
requesting approval of an Amendment to its Interconnection Agreement with New Cingular,
originally approved by the Commission on July 15.2003.See Order No.29293.The parties are
currently negotiating a replacement Interconnection Agreement for Idaho and this Amendment
will act as an interim agreement until a final agreement can be negotiated.Specifically,the
ORDER NO.32469 1
Amendment addresses interMTA’compensation rights and obligations.The Amendment sets
forth interMTA percentages to be used for billing purposes.
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 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 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 New Cingular Wireless PCS,LLC,Case
No.QWE-T-03-13,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 62-6 19.
lnterMTA is defined as Major Trading Areas which are geographic boundaries for wireless service providers that
determine if a call is rated as local.
ORDER NO.32469
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of February 2012.
PAUl.KJLILANDLR.C OMNIISSIONER
MACK A.REDFORD,COMMISSIONER
6La
MARSHA H.SMITH,COMMISSIONER
ATTEST:
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commission Secretary
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ORDER NO.32469 3