20160324final_order_no_33486.pdf

Office of the Secretary
Service Date
March 24,2016
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION DBA )CASE NO.QWE-T-16-Ol
CENTURYLINK QC FOR APPROVAL OF ITS )
INTERCONNECTION AGREEMENT WITH )
McLEOD USA TELECOMMUNICATIONS )
SERVICES,LLC PURSUANT TO 47 U.S.C.§)
252(e))
_________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION DBA )CASE NO.QWE-T-16-02
CENTURYLINK QC FOR APPROVAL OF ITS )
INTERCONNECTION AGREEMENT WITH )
WINDSTREAM NUVOX,LLC PURSUANT )ORDER NO.33486
TO 47 U.S.C.§252(e))
In these cases,the Commission is asked to approve 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
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 51j.”47 C.F.R.§51.3.
THE APPLICATIONS
1.Qwest Corporation dba CenturyLink QC and McLeod USA Telecommunications
Services,LLL,Case No.QWE-T-1 64J 1.The Application states that the parties’Agreement was
reached through voluntary negotiations without resort to mediation or arbitration and submitted
ORDER NO.33486 1
for approval pursuant to Section 252(e)of the Communications Act of 1934,as amended by the
Telecommunications Act of 1996.Their Agreement sets out rates,terms and conditions for
interconnection,unbundled network elements (UNE),ancillary services and resale of
telecommunications services.
2.Qwest Corporation dba CenturyLink OC and Windstream Nuvo,LLC.Case No.
QWE-T-16-02.The Application states that the parties’Agreement was reached through
voluntary negotiations without resort to mediation or arbitration and submitted for approval
pursuant to Section 252(e)of the Communications Act of 1934,as amended by the
Telecommunications Act of 1996.Their Agreement sets out rates,terms and conditions for
interconnection,unbundled network elements (UNE),ancillary services and resale of
telecommunications services.
STAFF RECOMMENDATION
Commission Staff reviewed the Applications and did 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 that the
Commission approve the foregoing Agreements.
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 pjy 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 Agreements 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 if they are
providing other non-basic local telecommunications services as defined by Idaho Code §62-603.
ORDER NO.33486
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement between Qwest
Corporation dba CenturyLink QC and McLeod USA Telecommunications Services,LLC,Case
No.QWE-T-16-01,is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Qwest
Corporation dba CenturyLink QC and Windstream NuVox,LLC,Case No.QWE-T-16-02,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 §sS 61-
626 and 62-6 19.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of March 2016.
ATTEST:
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Jjn D.Jewel4j
Commission Secretary
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KR INE RAPER,C)MMISSIONER
PAUL PRESIDENT
ERIC ANDERSON,COMMISSIONER
ORDER NO.33486