20130222final_order_no_32752.pdf

Office of the Secretary
Scrvce Date
February 22,2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION DBA CENTURYLINK )CASE NO.QWE-T-iO-03
QC FOR APPROVAL OF AN AMENDMENT TO )
ITS INTERCONNECTION AGREEMENT WITH )
NEUTRAL TANDEM,INC.PURSUANT TO 47 )
U.S.C.§252(e))ORDER NO.32752
_________________________________________________________________________________________
)
In this case the Commission is asked to approve an amendment to the Interconnection
Agreement between Qwest Corporation dba CenturyLink QC (“CenturyLink”)and Neutral
Tandem,Inc.(“Neutral Tandem”).With this Order,the Commission approves the amendment to
the parties’Interconnection Agreement.
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.
THE APPLICATION
On February 14,2013,the Commission received an Application from CenturyLink
requesting approval of an amendment to its Interconnection Agreement with Neutral Tandem,
originally approved by the Commission on June 22,2010.See Order No.32008.In this
Application,the parties request that the Commission approve the ICC Voice over Internet
Protocol (VoIP)amendment.The proposed amendment includes the terms and provisions
ORDER NO.32752 1
governing the intercarrier compensation between the parties for the exchange of VoIP-PSIN
traffic.
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 p1y 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 the Staff’s recommendation,the
Commission finds that the amendment to the parties’Interconnection Agreement is consistent
with the public interest,convenience and necessity and does not discriminate.Therefore,the
Commission finds that the Agreement,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 amendment to the Interconnection Agreement
between Qwest Corporation dba CenturyLink QC and Neutral Tandem,Inc.,Case No.QWE-T
10-03,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.32752 2
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of February 2013.
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PAUL KJELtAI’ME,COMMISSIONER
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MACK A.REDEORb,COMMISSIONER
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MARSHA H.SMITH,COMMISSIONER
ATTEST:
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Jn D.Jewefli
C6mmission Secretary
O:QWE-T-I O-O3np
ORDER NO.32752 3