20120126final_order_no_32447.pdf

Office of the Secretary
Service Date
January 26,2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )QWEST CORPORATION DBA CENTURYLINK )CASE NO.QWE-T-12-02
QC REQUESTING APPROVAL OF THE )ADOPTION OF THE INTERCONNECTION )AGREEMENT BETWEEN QWEST )CORPORATION AND AT&T )
COMMUNICATIONS OF THE MOUNTAIN )ORDER NO.32447
STATES,INC.PURSUANT TO 47 U.S.C.§252(e))
_______________________________________________________________________________________
)
In this case,the Commission is asked to approve the Application of Qwest
Corporation dba CenturyLink QC (“CenturyLink”)to permit TC Systems,Inc.(“TCS”)to adopt
the existing Interconnection Agreement between CenturyLink and AT&T Communications,Inc.
(“AT&T”),approved by the Commission on June 22.2004.See Order No.29530.With this
Order,the Commission approves the adoption of the 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 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 51j.”47 C.F.R.§51.3.
THE APPLICATION
In its Application filed January 17,2012,CenturyLink states that it received a letter
indicating that TCS wished to adopt the terms of the existing Interconnection Agreement,
including any associated amendments,if applicable,between AT&T and CenturyLink that were
ORDER NO.32447 1
previously approved by the Commission on June 22,2004.The Application states that the
parties reached this decision to adopt the Interconnection Agreement through voluntary
negotiations and without resorting to mediation.
STAFF RECOMMENDATION
Staff reviewed the Application to adopt the AT&T Agreement 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 is consistent with the pro-competitive policies of
this Commission,the Idaho Legislature,and the federal Telecommunications Act of 1996.
Accordingly,Staff recommended the Commission approve the parties’Interconnection
Agreement.
COMMISSION FINDINGS
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 jy 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 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 Interconnection Agreement between Qwest
Corporation dba CenturyLink QC and TC Systems,Inc.,Case No.QWE-T-12-02,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
ORDER NO.32447 2
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 January 2012.
7jj /
PAI(KJELLiDE,C MMISIONER
MACK A.DFO ,COMMISSIONER
LL
MARSHA H.SMITH,COMMISSIONER
ATTEST:
(
Jean D Jewell
Cbmmission Secretary
O:QWE-T-12-O2np
ORDER NO.32447 3