20191008final_order_no_34457.pdf

Office of the Secretary
Service Date
October 8,2019
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )CASE NO.QWE-T-19-04
FOR APPROVAL OF AN AMENDMENT TO )
AN INTERCONNECTION AGREEMENT )ORDER NO.34457
BETWEEN QWEST CORPORATION D/B/A )
CENTURYLINK QC AND TELIAX,INC.)
PURSUANT TO 47 U.S.C.§252(e))
On August 22,2019,Qwest Corporation dba CenturyLinkQC applied to the Commission
for an order approving an amendment to its Interconnection Agreement ("Agreement")with
Teliax,Inc.that would add terms under which Teliax exchanges traffic with CenturyLink
("Amended Agreement").With this Order,the Commission approves the Amended Agreement.
BACKGROUND
Under the federal TelecommunicationsAct 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
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 regulation 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 its Application,CenturyLink asked the Commission to approve an amendment to its
Agreement with Teliax.The Commission approved the initial Agreement on August 8,2019.See
Order No.34407.The Application states the parties entered into the Amended Agreementthrough
voluntarynegotiations without resort to mediation or arbitration.In this Application,CenturyLink
requests the Commission approve the Amended Agreement,which adds terms under which Teliax
exchanges traffic with CenturyLink.
ORDER NO.34457 1
STAFF RECOMMENDATION
Staff has reviewed the Application to amend the Agreement between CenturyLinkand
Teliax.Staff believes the Amended Agreement is consistent with the FCC's orders and pro-
competitive policies of the Commission,the Idaho Legislature,and the federal
Telecommunications Act 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 telecommunicationscarrier 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 Amended Agreement
is consistent with the public interest,convenience and necessity and does not discriminate.The
Commission thus finds it reasonable to grant the Application and approve the Amended
Agreement.The Commission's 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 and Amended Agreement are 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 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.34457 2
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of October 2019.
PA KJELLA D ,PRESIDENT
KRISTINE RAPER,COMMISSIONER
ERIC ANDERSON,COMMISSIONER
iane M.Hanian
Commission Secretary
I:\Legal\telephone\QWETl904_finaldh.docx
ORDER NO.34457 3