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Service Date
February 1,2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION DBA CENTURYLINK QC
TO AMEND ITS INTERCOIINECTION
AGREEMENT WITH CUSTER TELEPHONE
BROADBAND SERVICES, LLC, PURSUANT TO 47
U.s.C. $ 2s2(e)
cAsE NO. QWE-T-12-09
ORDER NO. 32733
In this case, the Commission is asked to approve the Application of Qwest
Corporation dba CenturyLink QC ("Centurylink") to amend its Interconnection Agreement with
Custer Telephone Broadband Services, LLC ("Custer"). With this Order, the Commission
approves the amendments to 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)(l). 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 5l)." 47 C.F.R. $ 51.3.
THE APPLICATION
On December 20, 2012, the Commission received Qwest's Application seeking
approval of amendments to its Interconnection Agreement with Custer, originally approved by
the Commission on January 3,2013. See Order No. 32707. In the Application, the parties
request that the Commission approve the addition of new terms and conditions regarding the Mid
Span Meet POI, set forth in Attachment 1 of the Application.
oRDERNO. 32733
STATF RECOMMENDATION
Staff reviewed the Application for approval of the amendments to 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 amendments to the
Interconnection Agreement are 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 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)(L). The Commission's review is limited, however. The Commission may reject an
agreement adopted by negotiation only 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 Staffs recommendation, the
Commission finds that the amendments to the parties' Interconnection Agreement are consistent
with the public interest, convenience and necessity and do 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 $$ 62-604 and 62-606 if they are providing
other non-basic local telecommunications services as defined by ldaho Code $ 62-603.
ORDER
IT IS HEREBY ORDERED that the amendments to the Interconnection Agreement
between Qwest Corporation dba CenturyLink QC and Custer Telephone Broadband Services,
LLC, Case No. QWE-T-12-09, are approved.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) may petition for reconsideration within twenty-one (21) days of the
service date of this Order. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See ldaho Code $$ 6l-
626 and62-619.
ORDERNO. 32733
,5r
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this I
day of February 2013.
ATTEST:
O:QWE-T-12-09_np
PAUL KJEL COMMISSIO
MACK A. REDFORD, COMM
MARSHA H. SMITH, COMMISSIONER
D. Jewel
ORDER NO. 32733