20120801final_order_no_32608.pdf

Office of the Secretary
Service Date
August 1,2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION DBA )CASE NO.QWE-T-12-05
CENTURYLINK QC REQUESTING )
APPROVAL FOR CENTURLYLINK AND )
FARMERS MUTUAL TELEPHONE )
COMPANY TO ADOPT THE EXISTING )
INTERCONNECTION AGREEMENT )
BETWEEN CENTURYLINK AND PROJECT )ORDER NO.32608
MUTUAL TELEPHONE COOPERATIVE )
ASSOCIATION,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 to permit Farmers Mutual Telephone Company to adopt the
existing Interconnection Agreement between CenturyLink and Project Mutual Telephone
Cooperative Association,Inc.approved by the Commission on November 23,2005.See Order
No.29920.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 51].”47 C.F.R.§51.3.
ORDERNO.32608 1
THE APPLICATION
On June 25,2012,CenturyLink submitted an Application indicating that Farmers
wished to adopt the terms of the existing Interconnection Agreement,including any associated
amendments,if applicable,between Project Mutual and CenturyLink that was previously
approved by the Commission on November 23,2005.
STAFF RECOMMENDATION
Staff reviewed the Application requesting Commission approval to adopt the
CenturyLink-Project Mutual 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 that the Commission approve the parties’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)(l).The Commission’s review is limited,however.The Commission may reject an
agreement adopted by negotiation çjy 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 Staffs 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 Farmers Mutual Telephone Company,Case No.QWE-T
12-05,is approved.
ORDER NO.32608 2
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.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /
day of August 2012.
MACK A.REDFORD,COMMISSIONER
If
SMITH,COMMISSIONER
ATTEST:
/1 7
Jean D.Jewell
Commission Secretary
O:QWE-T-12-05_np
ER,COMMISSIONER
ORDER NO.32608