20210308Final_Order_No_34949.pdf

ORDER NO. 34949 1

Office of the Secretary
Service Date
March 8, 2021
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF QWEST
CORPORATION DBA CENTURYLINK QC’S
APPLICATION FOR APPROVAL OF AN
AMENDMENT TO INTERCONNECTION
AGREEMENT WITH AIRUS, INC.
PURSUANT TO 47 U.S.C. §252(e)
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CASE NO. QWE-T-21-08

ORDER NO. 34949

On February 5, 2021, Qwest Corporation dba CenturyLink QC (“CenturyLink”)
applied for Commission approval of an amendment (“Amendment”) to its Interconnection
Agreement (“Agreement”) with Airus, Inc. (“Airus”). The Amendment allows Airus to offer
transiting services to telecommunication carriers and exchange that transited traffic with
CenturyLink (“Amended Agreement”). 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)(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
voluntarily entering into interconnection agreements “may negotiate terms, prices and conditions
that do not comply with either the Federal Communications Commission (“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.
THE APPLICATION
In its Application, CenturyLink asked the Commission to approve the Amendment to
its Agreement with Airus. The Commission approved the Agreement on June 5, 2015. Order No.
33315. The Application states the parties entered into the Amended Agreement through voluntary
negotiations without resort to mediation or arbitration. In this Application, CenturyLink requests
ORDER NO. 34949 2

the Commission approve the Amended Agreement, which adds terms under which Airus
exchanges transited traffic with CenturyLink.
STAFF RECOMMENDATION
Commission Staff reviewed the Application and believes the Amendment is not
discriminatory or contrary to the public interest. Staff also believes the Amendment 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
Application.
COMMISSION DECISION
Under the Telecommunications Act, interconnection agreements must be submitted to
the Commission for approval. 47 U.S.C. § 252(e)(1). 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.
O R D E R
IT IS HEREBY ORDERED that the Application is granted, and the Amendment 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 upon this Order regarding 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. 34949 3

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 8th day
of March 2021.

__________________________________________
PAUL KJELLANDER, PRESIDENT

__________________________________________
KRISTINE RAPER, COMMISSIONER

__________________________________________
ERIC ANDERSON, COMMISSIONER

ATTEST:

_________________________________
Jan Noriyuki
Commission Secretary

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