20150605final_order_no_33315.pdf

Office of the Secretary
Service Date
June 5,2015
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF TDS TELECOMMUNICATIONS )CASE NO.POT-T-09-Ol
CORPORATION,AGENT FOR POTLATCH )
TELEPHONE COMPANY,INC.,FOR )
APPROVAL OT ITS WIRELESS TRAFFIC )
EXCHANGE AGREEMENT WITH VERIZON )
WIRELESS PURSUANT TO 47 U.S.C.§252(e))
__________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION DBA )CASE NO.USW-T-OO-18
CENTURYLINK QC FOR APPROVAL OF )
AN AMENDMENT TO ITS )
INTERCONNECTION AGREEMENT WITH )
NEW CINGULAR WIRELESS PCS,LLC )
(FKA EDGE WIRELESS)PURSUANT TO 47 )
U.S.C.§252(e))
__________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF FRONTIER COMMUNICATIONS )CASE NO.VZN-T-04-03
NORTHWEST INC.FKA VERIZON )
NORTHWEST INC.FOR APPROVAL OF AN )
AMENDMENT TO ITS )
INTERCONNECTION AGREEMENT WITH )
XO COMMUNICATIONS SERVICES,LLC )
PURSUANT TO 47 U.S.C.§252(e))
__________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION DBA )CASE NO.QWE-T-15-03
CENTURYLINK QC FOR APPROVAL OF )
ITS INTERCONNECTION AGREEMENT )
WITH AIRUS,INC.PURSUANT TO 47 U.S.C.)ORDER NO.33315
§252(e))
_________________________________________________________________________________
)
In these cases the Commission is asked to approve amendments to previously
approved Interconnection Agreements and a newly negotiated Interconnection Agreement.With
this Order,the Commission approves the amendments to the Interconnection Agreements and
newly negotiated Interconnection Agreement.
ORDERNO.33315 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 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 511.”47 C.F.R.§51.3.
THE APPLICATIONS
1.TDS Telecommunications Corporation for Potlatch Telephone Company,Inc.and
Verizon Wireless,Case No.POT-T-09-01.On April 6,2015,TDS submitted an Application
seeking Commission approval of its Negotiated Wireless Traffic Exchange Agreement with
Verizon.This agreement establishes terms and conditions for interconnection and reciprocal
compensation rates and billing procedures,thus replacing the parties’original Interconnection
Agreement previously approved by the Commission on September 3,2009.See Order No.
30895.
2.Qwest Corporation dba CenturyLink OC,Case No.USW-T-00-18.On February
5,2015.Qwest Corporation dha CenturyLink QC submitted an Application seeking
(Olumission approval to amend an interconnection agreement with New Cingular Wireless
PCS,LLC Ika Edge \Vireless LLC.The original agreement was approved by the Commission
on August 25,2000 and amended on June 22.20()1.See Order Nos284$5 and 28759.This
amendment establishes i nterearrier compensation (ICC)Bill and Keep and changes the name
on the agreement to New Cingular Wireless PCS.LLC.New Cingular Wireless PCS,LLC
and its commercial mobile radio service affiliates,clha AT&T Mobility are the successors in
interest to Edge Wiiless LLC (Ika NewCom Wireless LLC).
ORDER NO.33315
3.Frontier Communications Northwest Inc.fka Verizon Northwest Inc.and XO
Communications Services,LLC,Case No.VZN-T-04-03.On April 30,2014,Frontier submitted
an Application seeking Commission approval of an Amendment to its Interconnection
Agreement with XO,initially approved by the Commission on April 2,2004.See Order No.
29460.The parties agreed to amend their original Interconnection Agreement to revise or
incorporate certain terms and conditions relating to reciprocal compensation and VoIP Traffic.
4.Owest Corporation dba CenturyLink OC and Airus,Inc.,Case No.QWE-T-15-
03.On April 8,2015,CenturyLink submitted an Application seeking Commission approval of
an Interconnection Agreement with Airus.The parties’Agreement establishes terms and
conditions for interconnection,unbundled network elements,ancillary services,and resale of
telecommunication services.
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
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 Agreements and amendments.
COMMISSION FINDINGS
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 py 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 Agreements and amendments are consistent with the public interest,
convenience and necessity and do not discriminate.Therefore,the Commission finds that the
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
ORDERNO.33315 3
if they are providing other non-basic local telecommunications services as defined by Idaho
Code §62-603.
ORDER
IT IS HEREBY ORDERED that Wireless Traffic Exchange Agreement between TDS
Telecommunications Corporation,agent for Potlatch Telephone Company,Inc.,and Verizon
Wireless,Case No.POT-T-09-01,is approved.
IT IS FURTHER ORDERED that the amendment to the Interconnection Agreement
between Qwest Corporation dba CenturyLink QC and New Cingular Wireless PCS,LLC (fica
Edge Wireless),Case No.USW-T-00-18,is approved.
IT IS FURTHER ORDERED that the amendment to the Interconnection Agreement
between Frontier Communications Northwest Inc.fka Verizon Northwest Inc.,and XO
Communications Services,LLC,Case No.VZN-T-04-03,is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Qwest
Corporation dba CenturyLink QC and Airus,Inc.,Case No.QWE-T-15-03,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 §sS 61-
626 and 62-6 19.
ORDERNO.33315 4
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this 574
day of June 2015
ATTEST:
RD,C STONER
/LA
KR11NE RAPER,C()MM1SIONER
mmission Secretary
O:POT-T-09-OIUSW-T-OO-18VZN-T-O4O3QWE-T-5-O3np
ORDERNO.33315 5