20111201final_order_no_32404.pdf

Office of the Secretary
Service Date
December 1.20 I 1
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION DBA )CASE NO.QWE-T41-06
CENTURYLINK FOR APPROVAL OF )
AMENDMENT TO ITS INTERCONNECTION )
AGREEMENT WITH I3ROADVOX-CLEC,LLC )
PURSUANT TO 47 U.S.C.§252(e))
____________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION DBA )CASE NO.QWE..T-04-30
CENTURYLINK FOR APPROVAL OF )
AMENDMENT TO ITS INTERCONNECTION )
AGREEMENT WITH BULLSEYE TELECOM,)ORDER NO.32404
INC.PURSUANT TO 47 U.S.C.§252(e))
____________________________________________________________________________________________
)
In this case the Commission is asked to approve Amendments to the Interconnection
Agreements between Qwest Corporation dba CenturyLink and Broadvox-CLEC,LLC and
CenturyLink and BullsEye Telecom.Inc.With this Order,the Commission approves the
Amendments to the parties’Interconnection Agreements.
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 25 1(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.
ORDER NO.32404 1
THE APPLICATIONS
1.CenturyLink and Broadvox,Case No.QWE-T-11-06.On October 4,2011,
CenturyLink filed an Application to amend its Interconnection Agreement with Broadvox,
originally approved by the Commission on June 28,2011.See Order No.32276.In this
Application,the parties request that the Commission approve an amendment to include terms and
conditions for Single Point of Presence in the LATA.
2.CenturyLink and BullsEye,Case No.QWE-T-04-30.On October 4,2011,
CenturyLink filed an Application to amend its Interconnection Agreement with BullsEye,
originally approved by the Commission on November 23,2004.See Order No.29640.In this
Application,the parties request that the Commission approve an amendment to modify terms and
conditions and the rate sheet of the Qwest Local Services Platform (QLSP)Agreement.
STAFF RECOMMENDATiON
Staff reviewed the Applications and does not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest.Staff believes that the
Amendments to the parties’Interconnection Agreements 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 Amendments to the
Interconnection Agreements.
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 y 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 Applications and the Staffs recommendation,the
Commission finds that the parties’Interconnection Agreements are consistent with the public
interest,convenience and necessity and do not discriminate.Therefore,the Commission finds
that the Agreements 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
ORDER NO.32404
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 and Broadvox-CLEC,LLC,Case No.QWE-T-11-
06,is approved.
IT IS HEREBY ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation dba CenturyLink and BullsEye Telecom,Inc.,Case No.QWE-T-04-
30,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.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of November 2011.
-/I I
MACK A.REDFORD,COIvI MISSIONER
iLa1 /1
MARSHA H.SMITH,COMMISSIONER
ATTEST:
Jan D.Jewe11
Commission Secretary
O:QWE-T-04-30_QWE.T-1 1-06_np
PAUL KJELLANDI SIDENT
ORDER NO.32404 3