20130620final_order_no_32835.pdf

Office of the Secretary
Service Date
June 20.203
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION DBA CENTURYLINK )CASE NO.QWE-T-13-Ol
QC TO AMEND ITS INTERCONNECTION )
AGREEMENT WITH NEW HORIZONS )
COMMUNICATIONS CORPORATION,)ORDER NO.32835
PURSUANT TO 47 U.S.C.§252(e))
_______________________________________________________________________________________________
)
In this case,the Commission is asked to approve amendments to the Interconnection
Agreement between Qwest Corporation dba CenturyLink QC and New Horizons
Communications Corporation.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 511.”47 C.F.R.§51.3.
THE APPLICATION
On June 11,2013,the Commission received an Application from CenturyLink
requesting Commission approval to supplement its existing Interconnection Agreement with
New Horizons with the addition of its CenturyLink Local Services Platform (CLSP)Agreement.
The parties’initial Interconnection Agreement was approved by the Commission on May 23,
2013.See Order No.32812.According to the CLSP Agreement,the services provided include
ORDER NO.32835 1
nondiscriminatory access to all vertical switch features that are loaded in CenturyLink’s End
Office Switch.The CLSP sets out rates,terms and conditions for the companies to interconnect
their services.
STAFF 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)(1).The Commission’s review is limited,however.The Commission may reject an
agreement adopted by negotiation Qpjy 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 Staff’s 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 Idaho Code §62-603.
ORDER
IT IS HEREBY ORDERED that the amendments to the Interconnection Agreement
between Qwest Corporation dba CenturyLink QC and New Horizons Communications
Corporation,Case No.QWE-T-13-01,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
ORDER NO.32835 2
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.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this cu
day of June 2013.
PAUtkJELLANOER,CQ$MTSStONER
M’EDFD,C2ONER
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MARSHA H.SMITH,COMMISSIONER
ATTEST:
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D.Jewe4’l
Ommission Secretary
O:QWE-T13M1np
ORDER NO.32835 3