20121115final_order_no_32679.pdf

Office of the Secretary
Service Date
November 15,2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION DBA CENTURYLINK )CASE NO.QWE-T-04-20
QC FOR APPROVAL OF AMENDMENTS TO )
ITS INTERCONNECTION AGREEMENT )
WITH TW TELECOM OF IDAHO LLC )
PURSUANT TO 47 U.S.C.§252(e))
_____________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION DBA CENTURYLINK )CASE NO.QWE-T-05-22
QC FOR APPROVAL OF AMENDMENTS TO )
ITS INTERCONNECTION AGREEMENT )
WITH PAC-WEST TELECOMM,INC.)ORDER NO.32679
PURSUANT TO 47 U.S.C.§252(e))
In these cases the Commission is asked to approve amendments to previously
approved Interconnection Agreements.With this Order,the Commission approves the
amendments to the Interconnection 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
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.Qwest Corporation dba CenturyLink QC and tw telecom of Idaho LLC.Case No.
QWE-T-04-20.On November 1,2012,CenturyLink submitted an Application for approval of
amendments to its Interconnection Agreement with tw telecom,previously approved by the
ORDER NO.32679 1
Commission on August 2,2004.See Order No.29559.In the Application,the parties request
that the Commission approve changes to the terms and conditions of the parties’Intercarrier
Compensation Agreement.These revisions are in compliance with the Federal Communications
Commission (FCC)Docket No.01-92,In the Matter of Developing a UnUled Intercarrier
Compensation Regime.
2.Qwest Corporation dba CenturyLink QC and Pac-West Telecomm,Inc..Case No.
QWE-T-05-22.On November 1,2012,CenturyLink filed an Application seeking Commission
approval of amendments to its original Interconnection Agreement with Pac-West,approved by
the Commission on November 23,2005.See Order No.29920.The parties request Commission
approval of new terms and conditions for intercarrier compensation pertaining to Internet
Protocol (VoIP)services.This filing is in compliance with FCC Docket No.01-92,In the
Matter ofDeveloping a Unified Intercarrier Compensation Regime.
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 Interconnection Agreements are consistent with the pro-competitive policies
of this Commission,the Idaho Legislature,and the federal Telecommunications Act.
Accordingly,Staff recommended 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).However,the Commission’s review is limited.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 Applications and the Staff’s recommendation,the
Commission finds that the Amendments to the Agreements are consistent with the public
interest,convenience and necessity and do not discriminate.Therefore,the Commission finds
that the Amendments to the Agreements should be approved.Approval of the Agreements does
not negate the responsibility of either party to these Agreements to obtain a Certificate of Public
ORDER NO.32679 2
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 tw telecom of Idaho LLC,Case No.
QWE-T-04-20,are approved.
IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement
between Qwest Corporation dba CenturyLink QC and Pac-West Telecomm,Inc.,Case No.
QWE-T-05-22,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 62-619.
ORDER NO.32679 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /
day of November 2012.
ATTEST:
PAUL KJELLADE 1INT
MARSHA H.SMITH,COMMISSIONER
Jean D.Jewell
Commission Secretary
O:QWE-T-04-2OQWE-T-05-22 np
ORDER NO.32679 4