20140422final_order_no_33025.pdf

Office of the Secretary
Service Date
April 22.2014
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION DBA )CASE NO.QWE-T-05-14
CENTURYLINK QC FOR APPROVAL OF )
AMENDMENTS TO ITS )
INTERCONNECTION AGREEMENT WITH )
IONEX COMMUNICATIONS NORTH,INC.)
DBA BIRCH COMMUNICATIONS INC.)
PURSUANT TO 47 U.S.C.§252(e))
__________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION DBA )CASE NO.QWE-T-04-19
CENTURYLINK QC FOR APPROVAL OF )
AMENDMENTS TO ITS )
INTERCONNECTION AGREEMENT WITH )
IONEX COMMUNICATIONS NORTH,INC.)ORDER NO.33025
DBA BIRCH COMMUNICATIONS INC.)
PURSUANT TO 47 U.S.C.§252(e))
In these cases,the Commission is asked to approve amendments to separate
Interconnection Agreements between Qwest Corporation dba CenturyLink QC and lonex
Communications North,Inc.dba Birch Communications;and Qwest Corporation dba
CenturyLink QC and lonex Communications North,Inc.dba Birch Communications.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
ORDER NO.33025 1
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.Qwest Corporation dba CenturyLink OC and Jonex Communications North,Inc.
dba Birch Communications,Case No.QWE-T-05-14.On March 26,2014,the Commission
received an Application from CenturyLink requesting approval of its CenturyLink Local
Services Platform (CLSP)Agreement with Birch.According to the CLSP Agreement,certain
services provided will be amended by CenturyLink.See Sections 109.23.2.1.1,109.11.2 and
109.23.2,as attached to the Application.The parties request an expeditious approval of the
Application and maintain that the amendments to the Agreement were reached through voluntary
negotiations.
2.Qwest Corporation dba CenturyLink QC and lonex Communications North,Inc.
dba Birch Communications,Case No.QWE-04-19.On March 26,2014,CenturyLink submitted
an Application for Commission approval to amend the CenturyLink Local Services Platform
(CLSP)Agreement with lonex.This Agreement was formerly entered into with Lightyear
Network Solutions,LLC and approved by the Commission on August 2,2004.See Order No.
29559.Lightyear was later purchased by lonex.This CLSP amendment modifies rates and
extends the Agreement through December 31,2016.
STAFF RECOMMENDATION
Staff reviewed the Applications for approval of the aforementioned amendments to
the parties’Interconnection Agreements 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 are consistent with the pro-competitive policies of this Commission,the Idaho
Legislature,and the federal Telecommunications Act of 1996.Accordingly,Staff recommended
the Commission approve the amendments to the Interconnection 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).The Commission’s review is limited,however.The Commission may reject an
agreement adopted by negotiation çy if it finds that the agreement discriminates against a
ORDER NO.33025 2
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 Staffs recommendation,the
Commission finds that the amendments to the parties’Interconnection Agreements are consistent
with the public interest,convenience and necessity and do not discriminate.Therefore,the
Commission finds that the Agreements,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 amendments to the Interconnection Agreement
between Qwest Corporation dba CenturyLink QC and lonex Communications North,Inc.dba
Birch Communications,Case No.QWE-T-05-14,are approved.
IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement
between Qwest Corporation dba CenturyLink QC and lonex Communications North,Inc.dba
Birch Communications,Case No.QWE-T-04-19,are 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.33025 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of April 2014.
PAUL KJEI.I ND RESIDENT
MACK A REDFORD,COMMISSIONER
if
‘LJ C
MARSHA H.SMITH,COMMISSIONER
ATTEST:
(
Jean D.Jewel!
Cbmmission Secretary
O:QWE-T-05-14 QWE-T-04-1 9np
ORDER NO.33025 4