20111213final_order_no_32409.pdf

Office of the Secretary
Service Date
December 13,2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION DBA CENTURYLINK )CASE NO.QWE-T-11-16
QC FOR APPROVAL OF ITS )
INTERCONNECTION AGREEMENT WITH )
INFINITI SECURITY PURSUANT TO 47 U.S.C.§)ORDER NO.32409
252(e))
In this case the Commission is asked to approve an Interconnection Agreement
between Qwest Corporation dba CenturyLink QC and Infiniti Security (“Infiniti”).With this
Order,the Commission approves 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)(l).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
In its Application filed October 19,2011,CenturyLink indicated that Infiniti had
declined to adopt the Company’s Performance Assurance Plan (PAP),Exhibit K.The PAP is a
self-executing remedy plan wherein the CLEC is entitled to compensation if CenturyLink does
not meet specific standards to ensure it provides the same service to the CLEC that it provides to
its own retail customers CenturyLink fails to meet certain benchmarks set forth in Exhibit B of
the Interconnection Agreement.
ORDER NO.32409 1
Subsequently,Staff contacted Infiniti regarding the PAP and explained its connection
to the performance benchmarks in Exhibit B of the Application.Infiniti indicated that it wished
to retain Exhibit K of the Interconnection Agreement.On November 23,2011,CenturyLink
filed an Amendment to its original Application.The Amendment contained the Third Revised,
Seventh Amended Exhibit K dated December 17,2010.
On March 17,2009,the Commission issued Order No.30750,Case QWE-T-08-04,
allowing Qwest to withdraw its Statement of Generally Available Terms and Conditions (SGAT)
but leaving in place the PIDs and PAP until a review by the Regional Oversight Committee
(ROC)was completed.1 The final ROC report was submitted on June 30,2009.
On April 22,2010,CenturyLink (at this point still legally known as CenturyTel,Inc.)
announced it would acquire Qwest in a stock-for-stock transaction.The FCC issued its
Memorandum Opinion and Order for the transaction on March 18,2011.As a part of the merger
agreement,CenturyLink agreed to “assume all of Qwest’s existing contractual commitments,
including its interconnection agreements.In addition,CenturyLink has committed to allow any
competitive LEC to use its current interconnection agreement as the starting point for renewal
contract negotiations,and to extend its current agreement for up to 36 months.”2 Accordingly,
for the remaining 36-month agreement period,all interconnection agreements must be filed with
the appropriate Exhibits B and K (PIDs/PAP),unless the CLEC knowingly waives the inclusion
of the PAP.
Staff acknowledged that companies can negotiate all terms and conditions of
interconnection agreements.However,Staff believes that a thorough discussion regarding the
association between the PIDs and PAP must be clearly addressed so that the CLEC can make an
informed business decision.
Staff reviewed CenturyLink’s Application for approval of its Interconnection
Agreement with Infiniti,including the proposed Amendment,and does not find any terms or
conditions that it considers to be discriminatory or contrary to the public interest.Staff believes
that the parties’Interconnection Agreement is consistent with the pro-competitive policies of this
IPUC Order No.30750,Case No.QWE-T-08-04:“...Qwest’s Motion to Withdraw its SGAT is granted.
Withdrawal of the SGAT shall not alter the status and effectiveness of exhibits to the SGAT including Exhibit A
(price list),Exhibit B (PIDs)and Exhibit K (PAP).”Emphasis Added.
2 FCC 11-47,WC Docket No.I 0-110 para.24,Applicationsfiled by Qwest Communications International Inc.,and
Century Tel,Inc.cl/b/a CenturyLinkfor Consent to Transfer Control.
ORDER NO.32409 2
Commission,the Idaho Legislature,and the federal Telecommunications Act.Accordingly,
Staff recommended the Commission approve the interconnection Agreement,including Exhibit
K.
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 y 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 parties’Interconnection Agreement is consistent with the public
interest,convenience and necessity and does not discriminate.Therefore,the Commission finds
that the Agreement,including the Amendment 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 §sS 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 Interconnection Agreement between Qwest
Corporation dba CenturyLink QC and Infiniti Security,Case No.QWE-T-l 1-16,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.32409 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of December 2011.
PAUL KJELL NbE’,COMMISSIONER
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MACK A.REDFOROMMISSIONER
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MARSHA H.SMITH,COMMISSIONER
ATTEST:
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Jn D.JewJ
C6mmission Secretary
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ORDER NO.32409 4