20170209final_order_no_33715.pdf

Office of the Secretary
Service Date
February 9.2017
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION DBA CENTURYLINK )CASE NO.QWE-T45-03
QC FOR APPROVAL OF AN AMENDMENT )
TO ITS INTERCONNECTION AGREEMENT )
WITH AIRUS,INC.PURSUANT TO 47 U.S.C.§)ORDER NO.33715
252(e))
On January 26,2017,Qwest Corporation dba CenturyLink QC (‘CenturyLink”)
applied to the Commission for an Order approving the amendment to its Interconnection
Agreement with Airus,Inc.
With this Order,the Commission approves the amended Interconnection Agreement.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996,
interconnection agreements 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 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 51].”47 C.F.R.§51.3.
THE APPLICATION
In its Application,CenturyLink asked the Commission to approve an amendment to
its Interconnection Agreement with Airus.The Commission approved the initial Interconnection
Agreement on June 5,2015.Order No.33315.The Application stated that the amendment was
voluntarily negotiated by the parties,and it establishes terms and conditions under which Aims
exchanges traffic with CenturyLink.
ORDERNO.33715 1
STAFF RECOMMENDATION
Staff reviewed the Application and believes the terms and conditions are not
discriminatory or contrary to the public interest.Staff also believes the Application and
amendment are consistent with the pro-competitive policies of this Commission,the Idaho
Legislature,and the federal Telecommunications Act of 1996.Accordingly,Staff recommended
that the Commission approve the Application.
COMMISSION DECISION
Under the terms of the Telecommunications Act,interconnection agreements must be
submitted to the Commission for approval.47 U.S.C.§252(e)(1).The Commission’s review is
limited.The Commission may reject an agreement adopted by negotiation çiy 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 Staffs recommendation,the
Commission finds that the amendment is consistent with the public interest,convenience and
necessity and does not discriminate.Therefore,the Commission finds that the Application
should be approved.Our approval of the Application does not negate either party’s
responsibility to obtain a Certificate of Public Convenience and Necessity if they offer local
exchange services,or to comply with Idaho Code §62-604 and 62-606 if they provide other
non-basic local telecommunications services as defined by Idaho Code §62-603.
ORDER
IT IS HEREBY ORDERED that the amended Interconnection Agreement between
CenturyLink and Airs,Case No.QWE-T-15-03,is approved.
THIS IS A FINAL ORDER.Any person interested in this Order may petition for
reconsideration within twenty-one (21)days of the service date of this Order with regard to any
matter decided in 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.
ORDERNO.33715 2
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of February 2017.
ATTEST:
Diane M.Hanian
Commission Secretary
bls/O:QWE-T-1 5-03
KR&R,CO ISSIONER
V /
ERIC ANDERSON,COMMISSIONER
ORDERNO.33715 3