20120608final_order_no_32570.pdf

Office of the Secretary
Service Date
June 8,2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION DBA )CASE NO.QWE-T-04-30
CENTURYLINK FOR APPROVAL OF )
AMENDMENTS TO ITS )
INTERCONNECTION AGREEMENT WITH )
BULLSEYE TELECOM,INC.PURSUANT )
TO 47 U.S.C.§252(e))
_________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION DBA )CASE NO.USW-T-00-06
CENTURYLINK FOR APPROVAL OF )
AMENDMENTS TO ITS )
INTERCONNECTION AGREEMENT WITH )ORDER NO.32570
PROGRESSIVE PAGING LLC,PURSUANT )
TO 47 U.S.C.§252(e))
In these cases the Commission is asked to approve amendments to the named
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,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 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.
ORDER NO.32570 1
THE APPLICATIONS
1.Qwest Corporation dba CenturyLink and Bullseye Telecom,Inc.,Case No.OWE
T-04-30.On April 26,2012,CenturyLink submitted an Application seeking approval of
amendments to its Interconnection Agreement with Bullseye,previously approved by the
Commission on November 23,2004.See Order No.29640.In the Application,the parties
request that the Commission approve terms,conditions,and pricing for the Qwest Local Services
Platform Agreement (QLSP).
2.Qwest Corporation dba CenturyLink and Progressive Paging LLC,Case No.
USW-T-00-06.On April 26,2012,CenturyLink submitted an Application seeking the
Commission’s approval of amendments to the parties’Interconnection Agreement,previously
approved by the Commission on July 13,2000.See Order No.28432.In the Application,the
parties request that the Commission approve terms,conditions,and pricing for the QLSP.
STAFF RECOMMENDATION
Staff reviewed the Applications and did 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 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).However,the Commission’s review is limited.The Commission may reject an
agreement adopted by negotiation çpy 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 recommendations,the
Commission finds that the amendments to the Interconnection Agreements are consistent with
the public interest,convenience and necessity and do not discriminate.Therefore,the
Commission finds that the Agreements,reviewed by Staff and more fully described above,
should be approved.Approval of the Agreements does not negate the responsibility of either
ORDER NO.32570 2
party to these Agreements 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 and Bullseye Telecom,Inc.,Case No.QWE-T-04-
30,are approved.
IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement
between Qwest Corporation dba CenturyLink and Progressive Paging LLC,Case No.USW-T
00-06,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.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of June 2012.
PAUL KJ LAND ,PRESIDENT
MREDFD,CONER
Z,7/UZ&_
MARSHA H.SMITH,COMMISSIONER
ATTEST:
Jtan D.Jewel j
Cmmission secretary
O:QWE-T-04-3OJJSW-T-OO-06_np
ORDER NO.32570 3