20161020final_order_no_33632.pdf

Office of the Secretary
Service Date
October 20, 2016
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION DBA ) CASE NO. QWE-T-16-06
CENTURYLINK QC AND WIDE VOICE, )
LLC FOR APPROVAL OF AN )
INTERCONNECTION AGREEMENT ) ORDER NO. 33632
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On October 4, 2016, Qwest Corporation dba CenturyLink QC and Wide Voice, LLC
applied to the Commission for an Order approving their Interconnection Agreement. With this
Order, the Commission approves the 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
The Applicants ask the Commission to approve the Interconnection Agreement. The
Agreement was voluntarily negotiated and establishes terms and conditions for interconnection
of networks, unbundled network elements, ancillary services, and resale of telecommunications
services.
STAFF RECOMMENDATION
Staff reviewed the Application and Interconnection Agreement and believes the
terms and conditions are not discriminatory or contrary to the public interest. Staff also believes
ORDER NO. 33632 1
the Application and Agreement 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)(l). The Commission's review is
limited. The Commission may reject an agreement adopted by negotiation only 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 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 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 Interconnection Agreement of Qwest
Corporation dba CenturyLink QC and Wide Voice, LLC, Case No. QWE-T-16-06, 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 and 62-619.
ORDER NO. 33632 2
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of October 2016.
PAULK
ERIC ANDERSON, COMMISSIONER
ATTEST:
O:QWE-T-16-06
ORDER NO. 33632 3