20121211final_order_no_32694.pdf

Office ofthe Secretary
Service Date
December Ii.2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION DBA CENTURYLINK QC )CASE NO.QWE-T-12-08
TO ALLOW PRAXIS LTD.CO.DBA A+SATELLITE )
TO ADOPT THE INTERCONNECTION )
AGREEMENT BETWEEN CENTURYLINK QC AND )
OPTIX MEDIA,LLC PURSUANT TO 47 U.S.C.§)ORDER NO.32694
252(e))
In this case,the Commission is asked to approve the Application of Qwest
Corporation dba CenturyLink QC to allow Praxis Ltd.Co.dba A+Satellite to adopt the
Interconnection Agreement between CenturyLink and Optix Media,LLC.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)(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
comply with the requirements of [Part 51].”47 C.F.R.§51.3.
THE APPLICATION
The parties agreed to the adoption of CenturyLink’s pre-existing Interconnection
Agreement with Optix,see Order No.32509,wherein the companies agreed to terms and
conditions for unbundled network elements,ancillary services and resale of telecommunications
services.The parties noted that their agreement was reached through voluntary negotiations and
without resort to mediation or arbitration.
ORDER NO.32694 1
STAFF RECOMMENDATION
Staff reviewed the Application for approval of the parties’Interconnection 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 iy 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 §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 Praxis Ltd.Co.dba A+Satellite,Case No.QWE-T-l2-08,
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 62-619.
ORDER NO.32694 2
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this //
day of December 2012.
ATTEST:
N
MACK A REDFORDCOMMISSIONER
MARSHA H.SMITH,COMMISSIONER
Jiii D.Jewell /
Ci’mmission Seretary
O:QWE-T-12-O8np
PAUL SSIONER
ORDER NO.32694 3