20131230final_order_no_32957.pdf

Office ofthe Secretary
Service Date
December 30,2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT )
APPLICATION OF QWEST CORPORATION )CASE NO.QWE-T-13-08
DBA CENTURYLINK QC AND ONVOY,INC.
FOR APPROVAL TO ADOPT THE QWEST-)
ZAYO GROUP FKA 36ONETWORKS (USA),)
INC.INTERCONNECTION AGREEMENT )
PURSUANT TO 47 U.S.C.§252(e))
__________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION DBA )CASE NO.QWE-T-13-07
CENTURYLINK QC FOR APPROVAL OF )
ITS INTERCONNECTION AGREEMENT )
WITH NOEL COMMUNICATIONS,INC.)
PURSUANT TO 47 U.S.C.§252(e))
_________________________________________________________________________________________________
)
IN THE MATTER OF THE JOINT )
APPLICATION OF CITIZENS )CASE NO.CTC-T-13-05
TELECOMMUNICATIONS COMPANY OF )
IDAHO AND CTC TELECOM,INC.FOR )
APPROVAL TO ADOPT THE FRONTIER-)
EDNETICS INTERCONNECTION )ORDER NO.32957
AGREEMENT 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.
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 not 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
ORDER NO.32957 1
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.Owest Corporation dba CenturyLink OC and Onvoy,Inc.,Case No.QWE-T-1 3-
Q.On December 17,2013,CenturyLink submitted its Application for approval of its
Interconnection,Resale and/or Unbundling Agreement with Onvoy.The parties seek
Commission approval to adopt the Interconnection Agreement between CenturyLink and Zayo
Group,LLC fka 360networks (USA)Inc.previously approved by the Commission on March 7,
2006,in Case No.QWE-T-06-02.See Order No.29986.
2.Qwest Corporation dba CenturyLink OC and Noel Communications,Inc.,Case
No.QWE-T-13-07.On November 19,2013,CenturyLink and Noel filed their joint Application
for approval of their Interconnection Agreement.In the Application,the parties state that the
joint filing contains rates,terms and conditions for interconnecting their networks.According to
the parties,the terms of the Interconnection Agreement were reached through voluntary
negotiations without resort to mediation.The filing also includes Exhibit B (Service
Performance Indicators)and Exhibit K (Performance Assurance Plan).
3.Citizens Telecommunications Company of Idaho and CTC Telecom,Inc.,Case
No.CTC-T-13-05.On December 18,2013,the Commission received the joint Application from
Frontier and CTC Telecom requesting approval to adopt the Interconnection Agreement between
Frontier and Ednetics,Inc.The Frontier-Ednetics Interconnection Agreement was approved by
the Commission in Case No.CTC-T-13-01.See Order No.32797.
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 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)(l).However,the Commission’s review is limited.The Commission may reject an
ORDER NO.32957 2
agreement adopted by negotiation çpjy 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 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 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 Interconnection Agreement between Qwest
Corporation dba CenturyLink QC and Onvoy,Inc.,Case No.QWE-T-13-08,is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Qwest
Corporation dba CenturvLink QC and Noel Communications,Inc.,Case No.QWE-T-13-07,is
approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Citizens
Telecommunications Company of Idaho and CTC Telecom,Inc..Case No.CTC-T-l3-05,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.32957 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this 3O
day of December 2013.
-
PAUL KJELLANDER,PRESIDENT
\
MACK A.REDFORD,COMMISSIONER
5LL J
MARSHA H.SMITH,COMMISSIONER
ATTEST:
/1
LJ
j.an D.Jewel1:
COmmission Secretary
o :QWE-T-1 3-O8QWE-T-I 3-07_CTC-T-I 3-O5np
ORDER NO.32957 4