20160809final_order_no_33564.pdf

Office of the Secretary
Service Date
August 9, 2016
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION OBA ) CASE NO. QWE-T-04-23
CENTURYLINK QC, AND CENTURYLINK )
COMMUNICATIONS, LLC FOR APPROVAL )
OF AN AMENDMENT TO AN EXISTING )
INTERCONNECTION AGREEMENT )
PURSUANT TO 47 U.S.C. § 252(e) ) ORDER NO. 33564
-------------)
On July 13, 2016, Qwest Corporation dba CenturyLink QC, and CenturyLink
Communications, LLC, jointly applied to the Commission for an Order approving an amendment
to their existing Interconnection Agreement. With this Order, the Commission approves the
amended Interconnection Agreement.
BACKGROUND
Under the prov1s1ons 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 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
In this Application, the parties ask the Commission to approve an amendment to their
existing Interconnection Agreement. The Commission approved the initial Interconnection
Agreement on October 6, 2004. The amendment was agreed upon through voluntary
negotiations and adds terms, conditions and rates for Power Reduction, as set forth in
Attachment 1 and Exhibit A of the parties' Application.
ORDER NO. 33564 1
STAFF RECOMMENDATION
The Staff has reviewed the Application 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, Title 62 of the
Idaho Code, and the federal Telecommunications Act. Accordingly, Staff recommended that the
Commission approve the foregoing amendment.
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 only 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 Staffs recommendation, the
Commission finds that the amendment is consistent with the public interest, convenience and
necessity and does not discriminate. Therefore, the Commission finds that the amendment
should be approved. Approval of this Application does not negate either party's responsibility to
obtain a Title 62 Certificate of Public Convenience and Necessity (pursuant to Commission
Order No. 26665) 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 amended interconnection agreement of 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 62-619.
ORDER NO. 33564 2
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of August 2016 .
ERIC ANDERSON, COMMISSIONER
ATTEST:
O:QWE-T-04-23
ORDER NO. 33564 3