20151103final_order_no_33415.pdf

Office of the Secretary
Service Date
November 3,2015
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
CENTURYTEL OF IDAHO,INC.DBA )CASE NO.CEN-T-15-06
CENTURYLINK FOR APPROVAL OF ITS )
TRAFFIC EXCHANGE AGREEMENT WITH )
BANDWIDTH.COM CLEC,LLC 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-15-06
DBA CENTURYLINK FOR APPROVAL OF )
ITS TRAFFIC EXCHANGE AGREEMENT )
WITH BANDWIDTH.COM CLEC,LLC )
PURSUANT TO 47 U.S.C.§252(e))
____________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION DBA )CASE NO.QWE-T-04-23
CENTURYLINK QC FOR APPROVAL OF AN )
AMENDMENT TO ITS INTERCONNECTION )
AGREEMENT WITH CENTURYLINK )
COMMUNICATIONS,LLC PURSUANT TO 47 )ORDER NO.33415
U.S.C.§252(e))
In these cases,the Commission is asked to approve Traffic Exchange Agreements and
an amendment of a previously-approved Interconnection Agreement.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 251(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.33415 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 51].”47 C.F.R.§51.3.
THE APPLICATIONS
1.CenturyTel of Idaho,Inc.dba CenturyLink and Bandwidth.com CLEC,LLC,
Case No.CEN-T-15-06.On October 8,2015,CenturyTel of Idaho submitted an Application for
approval of its Traffic Exchange Agreement with Bandwidth.com.The Agreement establishes
terms and conditions for interconnection,transport and termination of traffic,ancillary services,
and pricing.
2.CenturyTel of the Gem State dba CenturyLink and Bandwidth.com CLEC,LLC,
Case No.CGS-T-15-06.On October 8,2015,CenturyTel of the Gem State submitted an
Application for approval of its Traffic Exchange Agreement with Bandwidth.com.The
Agreement establishes terms and conditions for interconnection,transport and termination of
traffic,ancillary services,and pricing.
3.Owest Corporation dba CenturyLink QC and CenturyLink Communications,
LLC,Case No.OWE-T-04-23.On October 8,2015,the Commission received an Application
requesting approval of an amendment to the Interconnection Agreement.The parties’original
Agreement was approved by the Commission on October 6,2004.See Order No.29606.This
amendment adds terms and conditions for DC Power Reduction and Restoration.
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
agreement adopted by negotiation çy 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.
ORDER NO.33415
Based upon our review of the Applications and Staffs 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 Traffic Exchange Agreement between
CenturyTel of Idaho,Inc.dba CenturyLink and Bandwidth.com CLEC,LLC,Case No.CEN-T
15-06,is approved.
IT IS FURTHER ORDERED that the Traffic Exchange Agreement between
CenturyTel of the Gem State,Inc.dba CenturyLink and Bandwidth.com CLEC,LLC,Case No.
CGS-T-15-06,is approved.
IT IS FURTHER ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation dba CenturyLink QC and CenturyLink Communications,LLC,Case
No.QWE-T-04-23,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.
ORDER NO.33415 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this 3
day of November 2015.
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PAUL KJELLkNDER,PRESIDENT
MARSHA H.SMITH,COMMISSIONER
1i)
KRITINE RAPER,COMMISSIONER
ATTEST:
Jjin D.Jewell(J
mmission Secretary
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ORDERNO.33415 4