20120914final_order_no_32643.pdf

Office of the Secretary
Service Date
September 14,2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF FRONTIER COMMUNICATIONS )CASE NO.VZN-T-06-05
NORTHWEST INC.FKA VERIZON )
NORTHWEST INC.FOR APPROVAL OF )
AMENDMENTS TO ITS )
INTERCONNECTION AGREEMENT WITH )
TW TELECOM OF IDAHO LLC PURSUANT )
TO 47 U.S.C.242(e))
_________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF CENTURYTEL OF IDAHO,INC.AND )CASE NO.QWE-T-12-06
CENTURYTEL OF THE GEM STATE,INC.)
DBA CENTURYLINK FOR APPROVAL OF )
ITS INTERCONNECTION AGREEMENT )ORDER NO.32643
WITH ACCESS POINT,INC.PURSUANT TO )
47 U.S.C.242(e))
In these cases,the Commission is asked to approve amendments to an
Interconnection Agreement,and a new Interconnection Agreement.With this Order,the
Commission approves the Interconnection Agreement and Amendments to the Interconnection
Agreement.
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 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.32643 1
THE APPLICATIONS
1.Frontier Communications Northwest Inc.and tw telecom of Idaho lic,Case No.
VZN-T-06-05.On August 14.2012.Frontier submitted an Application for approval of an
Amendment to its Interconnection Agreement with tw telecom,previously approved by the
Commission on July 7.2006.See Order No.30097.In the Application,the parties request that
the Commission approve the terms and conditions for Reciprocal Compensation,VoIP Traffic,
and IntraLATA Toll Traffic according to the provisions of the USF/ICC Tramformation Order
11-161 (released November 18,2011).
2.CenturyTel of Idaho,Inc.and CenturyTel of the Gem State,Inc.dba CenturyLink
and Access Point.Inc.,Case No.QWE-T-12-06.On August 15,2012,CenturyLink filed an
Application seeking Commission approval of its Interconnection Agreement with Access Point.
The parties request Commission approval of their Agreement to adopt the terms and conditions
of a resale agreement previously entered into by CenturyLink and QuantumShift
Communications,Inc.
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
Interconnection Agreement and Amendments to the Interconnection Agreement 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
Interconnection Agreement and Amendments to the Interconnection Agreement.
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 ç31y 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 Staffs recommendation,the
Commission finds that the amendments to the Agreement and the Agreement are consistent with
the public interest,convenience and necessity and do not discriminate.Therefore,the
ORDER NO.32643 2
Commission finds that the amendments to the Agreement and the Agreement should be
approved.Approval of the Agreements does not negate the responsibility of either 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 Frontier Communications Northwest Inc.fia Verizon Northwest Inc.and tw telecom of
Idaho lie,Case No.VZN-T-06-05,are approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between
CenturyTel of Idaho,Inc.and CenturyTel of the Gem State,Inc.dba CenturyLink and Access
Point,Inc..Case No.QWE-T-12-06,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.
ORDER NO.32643 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /‘
day of September 2012.
PAUL KJ LAN E,PRESIDENT
MACK A.REDFORCO MISSIONER
MARSHA II.SMITH.COMMISSIONER
ATTEST:
Jean D.Jewell
Commission Secretary
O:VZN-T-06-05 QWE-f-12-O6np
ORDER NO.32643 4