20150409final_order_no_33272.pdf

Office of the Secretary
Service Date
April 9,2015
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
CITIZENS TELECOMMUNICATIONS )CASE NO.CTC-T-15-Ol
COMPANY OF IDAHO FOR APPROVAL OF )
ITS INTERCONNECTION AGREEMENT )
WITH CENTURYLINK COMMUNICATIONS,)
LLC PURSUANT TO 47 U.S.C.§252(e))
_____________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION DBA )CASE NO.QWE-T-15-O1
CENTURYLINK QC FOR APPROVAL OF ITS )
INTERCONNECTION AGREEMENT WITH )
IONEX COMMUNICATIONS NORTH,INC.)
DBA BIRCH COMMUNICATIONS )
PURSUANT TO 47 U.S.C.§252(e))
_____________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION DBA )CASE NO.QWE-T-l5-02
CENTURYLINK QC FOR APPROVAL OF ITS )
BROADBAND FOR RESALE SERVICE )
AGREEMENT WITH IONEX )
COMMUNICATIONS NORTH,INC.DBA )ORDER NO.33272
BIRCH COMMUNICATIONS 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.33272 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.
TUE APPLICATIONS
1.Citizens Telecommunications Company of Idaho and CenturyLink
Communications,LLC,Case No.CTC-T-15-01.On March 10,2015,the Commission received
an Application from Citizens requesting approval of its Interconnection Agreement with
CenturyLink Communications.The parties’Agreement sets out terms and conditions,ancillary
services,collocation,and pricing for resale of local services for interconnection between the
companies.
2.Qwest Corporation dba CenturyLink QC and lonex Communications North,Inc.
dba Birch Communications,Case No.OWE-T-15-01.On March 19,2015,CenturyLink
submitted an Application for approval of its Interconnection Agreement with lonex
Communications North,Inc.dba Birch Communications.The Agreement sets out the rates,
terms and conditions for interconnecting their networks.This filing also includes Exhibit A
(Service Performance Indicators)and Exhibit K (Performance Assurance Plan).
3.Qwest Corporation dba CenturyLink OC and lonex Communications North,Inc.
dba Birch Communications,Case No.QWE-T-15-02.On March 23,2015,the Commission
received an Application from CenturyLink requesting Commission approval of the Broadband
for Resale Service Agreement with lonex Communications North,Inc.dba Birch
Communications.This agreement specifies the description,terms,and conditions for resale of
broadband services in Idaho.
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
ORDER NO.33272
agreement adopted by negotiation çy 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
Code §S 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 Citizens
Telecommunications Company of Idaho and CenturyLink Communications,LLC,Case No.
CTC-T-15-01,is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Qwest
Corporation and lonex Communications North,Inc.dba Birch Communications,Case No.
QWE-T-15-01,is approved.
IT IS FURTHER ORDERED that the Broadband for Resale Service Agreement
between Qwest Corporation and lonex Communications North,Inc.dba Birch Communications,
Case No.QWE-T-15-02,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.33272 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of April 2015.
PAUL KJELLA ,PRESIDENT
MACK A.RED$D,COMMISSIONER
ib/vQ)
KRITINE RAPER,CMMISSIONER
ATTEST:
Nan D.Jewel)
commission S’ecretary
O:CTC-T-15-0 IQWE-T-15-0 IQWE-T-15-02
ORDER NO.33272 4