HomeMy WebLinkAbout20120504final_order_no_32546.pdfOffice of the Secretary
Service Date
May 4,2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION DBA CENTURYLINK )CASE NO.QWE-T-12-03
QC FOR APPROVAL OF AMENDMENTS TO )
ITS INTERCONNECTION AGREEMENT WITH )
SPECTROTEL,INC.PURSUANT TO 47 U.S.C.§)ORDER NO.32546
252(e))
_________________________________________________________________________________________
)
In this case the Commission is asked to approve amendments to the Interconnection
Agreement between Qwest Corporation dba CenturyLink QC and Spectrotel,Inc.With this
Order,the Commission approves the amendments and 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 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
complywith the requirements of [Part 51].”47 C.F.R.§51.3.
THE APPLICATION
On March 19,2012,CenturyLink submitted an Application for approval of
amendments to its Interconnection Agreement with Spectrotel,previously approved by the
Commission on April 11,2012.See Order No.32517.In the Application,the parties request
that the Commission allow them to amend their Interconnection Agreement to include terms,
conditions and pricing for the CenturyLink Local Services Platform Agreement (CLSP).
ORDER NO.32546 1
STAFF RECOMMENDATION
Staff reviewed the foregoing Application 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 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 foregoing 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 2Y 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 amendments to the Interconnection Agreement 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 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 §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 amendments to the Interconnection Agreement
between Qwest Corporation dba CenturyLink QC and Spectrotel,Inc.,Case No.QWE-T-12-03,
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 62-6 19.
ORDER NO.32546 2
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this f
day of May 2012.
ATTEST:
/
Jean D.Jewell
Commission Secretary
0 :QWE-T-I 2-O3np
MACK A.REDFORD,COMMISSIONER
3L4tL LL
MARSHA H.SMITH,COMMISSIONER
ORDER NO.32546