20130718final_order_no_32856.pdf

Office of the Secretary
Service Date
July 18,2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION DBA )CASE NO.QWE-T-i3-04
CENTURYLINK QC FOR APPROVAL OF )
ITS INTERCONNECTION AGREEMENT )
WITH 365 WIRELESS,LLC PURSUANT TO )
47 U.S.C.§252(e))
IN THE MATTER OF THE APPLICATION )
OF CENTURYTEL OF IDAHO,INC.DBA )CASE NO.CEN-T-13-04
CENTURYLINK FOR APPROVAL OF ITS )
INTERCONNECTION AGREEMENT WITH )
SPECTROTEL,INC.PURSUANT TO 47 )
U.S.C.§252(e))
______________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF CENTURYTEL OF THE GEM STATE,)CASE NO.CGS-T-13-04
INC.DBA CENTURYLINK FOR APPROVAL )
OF ITS INTERCONNECTION AGREEMENT )
WITH SPECTROTEL,INC.PURSUANT TO )
47 U.S.C.§252(c))
_______________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF CITIZENS TELECOMMUNICATIONS )CASE NO.CTC-T-13-02
COMPANY OF IDAHO FOR APPROVAL OF )
ITS INTERCONECTION AGREEMENT )
WITH METROPOLITAN )
TELECOMMUNICATIONS OF IDAHO,INC )
DBA MET TEL PURSUANT TO 47 U.S.C.§)
252(e))
________________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF FRONTIER COMMUNICATIONS )CASE NO.VZN-T-13-02
NORTHWEST INC.FOR APPROVAL OF ITS )
INTERCONNECTION AGREEMENT WITH )
TIME WARNER CABLE INFORMATION )ORDER NO.32856
SERVICES (IDAHO),LLC DBA TIME )
WARNER PURSUANT TO 47 U.S.C.§252(e))
In these cases,the Commission is asked to approve newly negotiated Interconnection
Agreements.With this Order,the Commission approves the Interconnection Agreements.
ORDER NO.32856 1
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996 (“the Act”),
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 pç comply with
either the FCC rules or with the provision of Section 25 1(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 365 Wireless,LLC,Case No.OWE
T-13-04.On June 24,2013,CenturyLink submitted an Application for approval of its
Interconnection Agreement with 365 Wireless.In this 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.CenturyTel of Idaho,Inc.dba CenturyLink and Spectrotel,Inc.,Case No.CEN-T
13-04.On June 17,2013,this Commission received an Application from CenturyLink
requesting Commission approval for the Interconnection Agreement with Spectrotel.
3.CenturyTel of the Gem State,Inc.dba CenturyLink and Spectrotel,Inc.,Case No.
CGS-T-13-04.On June 17,2013,this Commission received an Application from CenturyLink
requesting Commission approval for the Interconnection Agreement with Spectrotel.
4.Citizens Telecommunications Company of Idaho and Metropolitan
Telecommunications of Idaho,Inc.dba MetTel,Case No.CTC-T-13-02.On July 9,2013,this
Commission received an Application from Citizens requesting approval of its Interconnection
Agreement with MetTel.The parties’Agreement sets out rates,terms and conditions for
interconnection between the companies.
ORDER NO.32856 2
5.Frontier Communications Northwest Inc.and Time Warner Cable Information
Services (Idaho)LLC dba Time Warner.Case No.VZN-T-13-02.On June 24,2013.Frontier
filed its Interconnection Agreement with Amendment Number 1 attached.This agreement is
between Frontier and Time Warner Cable.The original Agreement sets out rates,terms and
conditions between the companies.Amendment Number 1 is an FCC compliance filing.
Effective November 1 8,2011,the Federal Communications Commission released its USF/ICC
Transformation Order.See FCC 11-161.
In the order,the FCC determined that the default intercarrier compensation
methodology for all non-access telecommunications traffic exchanged between carriers and
competitive Local Exchange Carriers will transition to bill and keep over the next six years.The
FCC ordered that the companies begin the transition process on July 1,2012.
STAFF RECOMMENDATION
Staff reviewed the Applications 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 Agreements are consistent with the pro-competitive policies of this Commission,
the Idaho Legislature,and the federal Telecommunications Act.Accordingly,Staff
recommended that the Commission approve the Interconnection Agreements.
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),However,the Commission’s review is limited.The Commission may reject an
agreement adopted by negotiation Ji 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 the Staff’s recommendation,the
Commission finds that the Interconnection Agreements are consistent with the public interest,
convenience and necessity and do not discriminate.Therefore,the Commission finds that the
Interconnection Agreements 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
ORDER NO.32856 3
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 ORI)ERED that the Interconnection Agreement between Qwest
Corporation dba CenturyLink QC and 365 Wireless,LLC,Case No.QWE-T-13-04,is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between
CenturyTel of Idaho,Inc.dba CenturyLink and Spectrotel,Inc.,Case No.CEN-T-13-04,is
approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between
CenturvTel of the Gem State,Inc.dba CenturyLink and Spectrotel,Inc.,Case No.CGS-T-13-04.
is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Citizens
Telecommunications Company of Idaho and Metropolitan Telecommunications of Idaho,Inc.
dba MetTel,Case No.CTC-T-13-02,is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Frontier
Communications Northwest Inc.and Time Warner Cable Information Services (Idaho),LLC dba
Time Warner,Case No.VZN-T-13-02,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 62-6 19.
ORDER NO.32856 4
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /
day of July 2013.
PAUL KJELLANDER,PRESIDENT
MACK A.REDF ,OM ISSIONER
MARSHA H.SMITH,COMMISSIONER
ATTEST:
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Jan D.Jewetl
Commission Secretary
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ORDER NO.32856 5