20190415final_order_no_34309.pdf

Office of the Secretary
Service Date
April 15,2019
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )OF QWEST CORPORATION dba )CASE NO.QWE-T-19-02
CENTURYLINK QC FOR APPROVAL OF )AN AMENDMENT TO AN )INTERCONNECTION AGREEMENT WITH )ORDER NO.34309
LEVEL 3 COMMUNICATIONS,LLC FOR )THE STATE OF IDAHO PURSUANT TO 47 )U.S.C.§252(e).)
On April 2,2019,Qwest Corporation dba CenturyLinkQC ("CenturyLink")applied for an
order approving a Cageless Collocation Bay Procurement Amendment (the "Amended
Agreement")to its existing Interconnection Agreement with Level 3 Communications,LLC
("Level3").With this Order,the Commission approves the Amended Agreement.
BACKGROUND
Under the federal Telecommunications Act of 1996,interconnection agreements,including
any amendments to them,must be submitted to the Commission for approval.47 U.S.C.§
252(e)(l).The Commission may reject an agreement adopted by negotiations only if it finds that:
(1)the agreement 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
voluntarilyentering into interconnection agreements "may negotiateterms,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 rule that "a state
commission shall have authorityto 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 this Application,CenturyLinkasks the Commission to approve an amendment to its
Interconnection Agreement with Level 3.The Commission approved the initial Interconnection
Agreement on May 22,2002.See Order No.29033.The Application states the parties reached the
Amended Agreement through voluntary negotiations without resort to mediation or arbitration.
ORDER NO.34309 1
Application at 1.Under the Amended Agreement,new terms,conditions,and rates would be added
for Cageless Collocation Bay Procurement,as specified in Exhibit A to the Amended Agreement.
STAFF RECOMMENDATION
Staff reviewed the Application and believes the Amended Agreement is not discriminatory
or contrary to the public interest.Staff also believes the Amended Agreement is consistent with
the pro-competitive policies of this Commission,Title 62 of the Idaho Code,and the federal
Telecommunications Act.Accordingly,Staff recommended that the Commission approve the
Amended Agreement.
COMMISSION DECISION
Under the federal 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
would discriminate against nonparty telecommunications carriers or that implementing it would
be inconsistent with the public interest,convenience and necessity.Id.
Based upon our review of the Application and the Staff's recommendation,the
Commission finds the Amended Agreement does not discriminate against nonparty
telecommunications carriers,and that implementing it would be consistent with the public interest,
convenience and necessity.Therefore,the Commission finds it reasonable to grant the Application
and approve the Amended Agreement.Our approval of the Amended Agreement 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 Application is granted,and the Amended Agreement
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.34309 2
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /S
day of April 2019.
PAUL KJE D RESIDENT
KRI TINE RAPER,COMMISSIONER
ERIC ANDERSON,COMMISSIONER
AT
Diane M.Hanian
Commission Secretary
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ORDER NO.34309 3