20130103final_order_no_32707.pdf

Office of the Secretary
Service Date
January 3,2013
BEFORE THE IDAHO PUBLIC UTILITIES COMIISSION
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION DBA )CASE NO.QWE-T-12-09
CENTURYLINK QC FOR APPROVAL OF )
AMENDMENTS TO ITS INTERCONNECTION )
AGREEMENT WITH CUSTER TELEPHONE )
BROADBAND SERVICES,LLC,PURSUANT )
TO 47 U.S.C.§252(e))
___________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION DBA )CASE NO.QWE—T-12-08
CENTURYLINK QC FOR APPROVAL OF )
AMENDMENTS TO ITS INTERCONNECTION )
AGREEMENT WITH PRAXIS LTD.CO.DBA )
A+SATELLITE,PURSUANT TO 47 U.S.C.§)
252(e))
___________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATiON OF )
QWEST CORPORATION DBA )CASE NO.QWE-T-04-22
CENTURYL1NK QC FOR APPROVAL OF )
AMENDMENTS TO ITS INTERCONNECTION )
AGREEMENT WITH TALK AMERICA,INC.,)
PURSUANT TO 47 U.S.C.§252(e))
___________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATiON OF )
QWEST CORPORATION DBA )CASE NO.QWE-T-00-07
CENTURYLINK QC FOR APPROVAL OF )
AMENDMENTS TO ITS INTERCONNECTION )
AGREEMENT WITH McLEODUSA )
TELECOMMUNICATIONS SERVICES,LLC )
DBA PAETEC BUSINESS SERVICES,)ORDER NO.32707
PURSUANT TO 47 U.S.C.§252(e).)
In these cases,the Commission is asked to approve amendments to previously
approved Interconnection Agreements.With this Order,the Commission approves the
amendments to the 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)(l).The Commission may reject an agreement adopted by negotiations only
ORDER NO.32707 1
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.
THE APPLICATIONS
1.Qwest Corporation dba CenturyLink QC and Custer Telephone Broadband
Services,LLC,Case No.QWE-T-12-09.On November 28,2012,CenturyLink submitted an
Application seeking approval of its Interconnection Agreement with Custer.On December 20,
2012,CenturyLink submitted further amendments to its original Application.The parties request
that the Commission approve the terms and conditions for interconnection,unbundled network
elements,ancillary services and resale of telecommunications services.
2.Qwest Cooration dba CenturyLink QC and Praxis Ltd.Co.dba A+Satellite,
Case No.QWE-T-12-08.On November 28,2012,CenturyLink submitted an Application
seeking approval of amendments to its Interconnection Agreement,initially approved by the
Commission on December 11,2012,with A+.See Order No.32694.The amendments set forth
the terms,conditions and rate sheets for the CenturyLink Local Services Platform (CLSP).
3.Owest Corporation dba CenturyLink OC and Talk America,Inc.,Case No.QWE
T-04-22.On December 18,2012,CenturyLink submitted an Application seeking the
Commission’s approval of amendments to the parties’Interconnection Agreement,initially’
approved by the Commission on September 14,2004.See Order No.29594.In this Application,
the parties request that the Commission approve the terms and conditions for the ICC Voice over
Internet Protocol (VoIP)Amendment.
4.Qwest Corporation dba CenturyLink QC and McLeodUSA Telecommunications
Services,LLC dba Paetec Business Services,Case No.QW&T-00-07,On December 18,2012,
CenturyLink submitted an Application seeking the Commission’s approval of amendments to the
parties’Interconnection Agreement,initially approved by the Commission on November 13,
ORDER NO.32707
2000.See Order No.28565.In this Application,the parties request that the Commission approve
the terms and conditions for the ICC Voice over Internet Protocol (V0IP)Amendment.
STAFF RECOMMENDATION
Staff reviewed the foregoing Applications 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 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 amendments to the
Interconnection Agreements.
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).However,the Commission’s review is limited.The Commission may reject an
agreement adopted by negotiation y 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 Applications and Staffs recommendations,the
Commission finds that the amendments to the Interconnection Agreements are consistent with
the public interest,convenience and necessity and do not discriminate.Therefore,the
Commission finds that the amendments to 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 §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 Custer Telephone Broadband Services,
LLC,Case No.QWE-T-12-09,are approved.
ORDER NO.32707 3
IT IS FURTHER ORDERED that the Amendments to the Interconnection Agreement
between Qwest Corporation dba CenturyLink QC and Praxis Ltd.Co.,dba A+Satellite,Case
No.QWE-T-12-08,are approved.
IT IS FURTHER ORDERED that the Amendments to the Interconnection Agreement
between Qwest Corporation dba CenturyLink QC and Talk America,Inc.,Case No.QWE-T-04-
22,are approved.
IT IS FURTHER ORDERED that the Amendments to the Interconnection Agreement
between Qwest Corporation dba CenturyLink QC and McLeodUSA Telecommunications
Services dba Paetec Business Services,Case No.QWE-T-00-07,are 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.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of January 2013.
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MARSHA H.SMITH,COMMISSIONER
ATTEST:
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Commission Secretary
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COMMISSIONER
ORDER NO.32707 4