20120405final_order_no_32509.pdf

Office of the Secretary
Service Date
April 5,2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF CENTURYTEL OF IDAHO,INC.DBA )CASE NO.CEN-T-12-02
CENTURYLINK FOR APPROVAL OF ITS )
INTERCONNECTION AGREEMENT WITH )
QUANTAMSHIFT COMMUNICATIONS,)
INC.PURSUANT TO 47 U.S.C.§252(e))
_________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF CENTURYTEL OF THE GEM STATE,)CASE NO.CGS-T-12-02
INC.DBA CENTURYLINK FOR APPROVAL )
OF ITS INTERCONNECTION AGREEMENT )
WITH QUANTAMSHIFT )
COMMUNICATIONS,INC.PURSUANT TO )
47 U.S.C.§252(e))
____________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION DBA )CASE NO.QWE-T-12-04
CENTURYLINK QC FOR APPROVAL OF )
ITS INTERCONNECTION AGREEMENT )
WITH OPTIX MEDIA,LLC PURSUANT TO )ORDER NO.32509
47 U.S.C.§252(e))
_________________________________________________________________________________
)
In these cases,the Commission is asked to approve Interconnection Agreements
between CenturyTel of Idaho,Inc.dba CenturyLink and QuantamShift Communications,Inc.;
CenturyTel of the Gem State,Inc.dba CenturyLink and QuantamShift;and Qwest Corporation
dba CenturyLink QC and Optix Media,LLC.With this Order,the Commission approves these
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
ORDER NO.32509 1
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 51].”47 C.F.R.§51.3.
THE APPLICATIONS
1.CenturyLink and OuantamShift,Case Nos.CEN-T-12-02 and CGS-T-12-02.On
March 2,2012,CenturyTel of Idaho,Inc.dba CenturyLink and CenturyTel of the Gem State,
Inc.dba CenturyLink submitted Applications for approval of Interconnection Agreements with
QuantamShift.In the Applications,the parties request that the Commission approve an
agreement that includes terms and conditions,pricing,ancillary services and telecommunications
services available for resale within the geographical areas in which both parties are providing
local exchange service,and for which CenturyLink is the incumbent local exchange carrier
(ILEC)in Idaho.
2.CenturyLink OC and Optix Media,Case No.QWE-T-12-04.On March 15,2012,
the Commission received CenturyLink QC’s Application requesting approval of its
Interconnection Agreement with Optix Media.The parties’proposed Agreement includes terms
and conditions for unbundled network elements,ancillary services and the resale of
telecommunications services.The Agreement also includes Exhibit B (271 PID Version 9.1)and
Exhibit K (PAP Version-Third Revised,Seventh Amended,dated December 17,2010).
STAFF RECOMMENDATION
Staff reviewed the foregoing Applications and did not find any terms or conditions it
considers to be discriminatory or contrary to the public interest.Staff believes the
Interconnection Agreements are consistent with the pro-competitive policies of this Commission,
the Idaho Legislature,and the federal Telecommunications Act.Accordingly,Staff
recommended the Commission approve the foregoing 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 çy if it finds that the agreement discriminates against a
ORDER NO.32509 2
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 recommendations,the
Commission finds that 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 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 interconnection Agreement between CenturyTel
of Idaho,Inc.dba CenturyLink and QuantamShift Communications,Inc.,Case No.CEN-T-12-
02,is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between
CenturyTel of the Gem State,Inc.dba CenturyLink and QuantamShift Communications,inc.,
Case No.CGS-T-12-02,is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Qwest
Corporation dba CenturyLink QC and Optix Media,LLC,Case No.QWE-T-12-04,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 §sS 61-
626 and 62-6 19.
ORDER NO.32509 3
—ADONEbyOrderoftheIdahoPublicUtilitiesCommissionatBoise,Idaho this b
day of April 2012.
ATTEST:
MACK A.REDF1RD,tCOMMISSIONER
MARSHA H.SMITH,COMMISSIONER
Jean D.Jeweli:
Commission Secretary
O:CFN-T-I 2-O2CGS-T-I 2-O2QWE-T-I 2-O4np
ORDER NO.32509 4