20190812final_order_no_34407.pdf

Office of the Secretary
Service Date
August 12,2019
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF QWEST )CORPORATION DIB/A CENTURYLINK )CASE NO.QWE-T-19-04
QC'S APPLICATION FOR APPROVAL OF )THE INTERCONNECTION AGREEMENT )WITH TELIAX,INC.FOR THE STATE OF )IDAHO.PURSUANT TO 47 U.S.C.§252(E))
)ORDER NO.34407
On July22,2019,Qwest Corporation dba CenturyLinkQC ("CenturyLink")applied to the
Commission for an order approving an Interconnection Agreement ("Agreement")entered into
between CenturyLinkand Teliax,Inc.("Teliax").The Agreement establishes terms and conditions
for interconnection,unbundled network elements,ancillary services,and resale of
telecommunications services for the State of Idaho.With this Order,the Commission approves
their Application.
BACKGROUND
Under 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 voluntarilyentering 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 regulation 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.
STAFF RECOMMENDATION
Staff reviewed the Application and Agreement and believes the terms are neither
discriminatory nor contrary to the public interest.Staff also indicated the Agreement is consistent
with the pro-competitive policies of this Commission,the Idaho Legislature,and the federal
ORDER NO.34407 1
TelecommunicationsAct of 1996.Accordingly,Staff recommended that the Commission approve
the Application.
COMMISSION DECISION
Under 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 its review of the record,the Commission finds that the Agreement is consistent
with the public interest,convenience and necessity and does not discriminate.The Commission
thus 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 Convenienceand 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 of CenturyLink and Teliax,Case No.
QWE-T-19-04,is approved.
THIS IS A FINAL ORDER.Any person interested in this Order may petition for
reconsiderationwithin twenty-one (21)days of the service date upon 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.34407 2
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of August 2019.
PAUL KJELLAND ,PRESIDENT
KRIÈINE RAPER,COMMISSIONER
ERIC ANDERSON,COMMISSIONER
A
Diane M.Hanian
Commission Secretary
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ORDER NO.34407 3