20190812final_order_no_34408.pdf

Office of the Secretary
Service Date
August 12,2019
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
FOR APPROVAL OF AN AMENDMENT TO )CASE NO.QWE-T-19-06
AN INTERCONNECTION AGREEMENT )
BETWEEN QWEST CORPORATION D/B/A )
CENTURYLINK QC AND XO )
COMMUNICATION SERVICES,LLC FOR )
THE STATE OF IDAHO.PURSUANT TO 47 )ORDER NO.34408
U.S.C.§252(e)
On July25,2019,Qwest Corporation dba CenturyLinkQC ("CenturyLink")applied to the
Commission for an order approving a Reciprocal Compensation Bill and Keep Amendment
("Amended Agreement")to its existing Interconnection Agreement ("Agreement")with XO
Communication Services,LLC ("XO Communications").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
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 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,CenturyLinkasked the Commission to approve an amendment to its
Agreement with XO Communications.The Commission approved the initial Agreement on July
3,2008.See Order No.30589.The Application states the parties entered into the Amended
Agreement through voluntary negotiations without resort to mediation or arbitration.In this
ORDER NO.34408 1
Application,the parties request the Commission approve the Amended Agreement,which
modifies the initial Agreement by adding terms and conditions for Reciprocal Compensation to be
at Bill and Keep for the exchange of Exchange Service or Extended Service Area Traffic.
STAFF RECOMMENDATION
Staff has reviewed the Application to amend the Agreement between CenturyLinkand XO
Communications.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 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 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 order requested in the Application and the Amended
Agreement are 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.34408 2
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of August 2019.
PAUI JELLA R,PRESIDENT
KRIS INE RAPER,COMMISSIONER
ERIC ANDERSON,COMMISSIONER
Diane M.Hanian
Commission Secretary
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ORDER NO.34408 3