20191106Final_Order_No_34476.pdf

Office of the Secretary
Service Date
November 6, 2019
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF QWEST
CORPORATION dba CENTURYLINK QC'S
APPLICATION FOR APPROVAL OF AN
INTERCONNECTION AGRTEMENT WITH
CSC WIR-ELESS, LLC dba ALTICE
MOBILE.
CASE NO. QWE-T-I9-08
oRDER NO.34476
On October 10, 2019, Qwest Corporation dba CenturyLink QC ("Centurylink")
applied to the Commission for an order approving an interconnection agreement ("Agreement")
with CSC Wireless, LLC dba Altice Mobile for the State of Idaho ("Altice"). With this Order, the
Commission approves the Agreement.
BACKGROUND
Under the federal Telecommunications Act of 1996, interconnection agreements 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: ( I ) 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(eX2)(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 1 1 (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.
THE APPLICATION
The Application stated that the Agreement was reached through voluntary negotiation
without resort to mediation or arbitration and was submitted for approval under Section 252(e) of
the Communications Act of 1934, as amended by the Telecommunications Act of 1996. The
Agreement establishes terms, conditions, and pricing for Interconnection and ancillary services in
the State of Idaho.
1ORDER NO. 34476
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STAFF RECOMMENDATION
Staff reviewed the Application and Agreement, and believes the Agreement is not
discriminatory or contrary to the public interest. Staff also believes the Agreement is consistent
with the pro-competitive policies of this Commission, the ldaho Legislature, and the federal
Telecommunications Act of 1996. Accoldingly, 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
ofthe agreement is not consistent with the public interest, convenience, and necessity. Id.
Based upon our review of the Application and 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 t'inds that the Application should
be approved. Our approval ofthe 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 ldaho Cocle $$ 62-604 and 62-606 if they provide other non-basic local
telecommunications services as defined by ldaho Code $ 62-603.
ORDER
IT IS HEREBY ORDERED that the Agreement of Qwest Corporation dba
Centurylink QC and CSC Wireless, LLC dba Altice Mobile for the State of Idaho, Case No.
QWE-T-19-08, is approved.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order with regard to any
matter decided in this Order. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsiderati on. See ldaho Cade $$ 6l-
626 and, 62-619.
oRDER NO. 34476 1
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of November 2019.
?{l
PAUL KJ , PRESIDENT
.d,*^,. Ra.o,nffisroNER
ERIC ANDERSON, COMMISSIONER
ATTEST:
Diane M. Hanian
Commission Secretary
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3oRDER NO. 34476