20151118final_order_no_33421.pdf

Office of the Secretary
Service Date
November 18,2015
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
)
IN THE MATTER OF THE APPLICATION OF )CASE NO.QWE-T-15-06
QWEST CORPORATION,DBA CENTURYLINK )
QC,FOR APPROVAL OF ITS )
INTERCONNECTION AGREEMENT WITH )
RCLEC,INC.PURSUANT TO 47 U.S.C.§252(e))ORDER NO.33421
________________________________________________________________________________________
)
In this case the Commission is asked to approve the Interconnection Agreement
between Qwest Corporation dba CenturyLink QC and RCLEC,Inc.With this Order,the
Commission approves their Interconnection Agreement.
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
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
On October 23,2015,CenturyLink and RCLEC filed a 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)as required by the Commission.
ORDER NO.33421 1
STAFF RECOMMENDATION
Staff reviewed the Application and did not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest.Staff believes that the
Agreement referenced above is 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 Agreement.
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
agreement adopted by negotiation ppjy 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 Staff’s recommendation,the
Commission finds that the Agreement is consistent with the public interest,convenience and
necessity and does not discriminate.Therefore,the Commission finds that the Agreement should
be approved.Approval of the Agreement does not negate the responsibility of either party to the
Agreement to obtain a Certificate of Public Convenience and Necessity if they are offering local
exchange services or to comply with Idaho Code §sS 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 RCLEC,Inc.,Case No.QWE-T-15-06,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 62-619.
ORDER NO.33421
DONE by Order of the Idaho Public Utilities Commission at Boise.Idaho this I
day of November 2015.
ii c&L
ATTEST:
ommission Secretary
O:QWE-T-1 5-O6np
MARSHA H.SMITII.COMMISSIONER
KR STINE RAPER,C(3MMTSSIONER
ORDER NO.33421