20210709Final_Order_No_35100.pdf

ORDER NO. 35100 1
Office of the Secretary
Service Date
July 9, 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 LEVEL 3 TELECOM
OF IDAHO, LLC PURSUANT TO 47 U.S.C.
§252(e)
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CASE NO. QWE-T-21-12

ORDER NO. 35100

On May 14, 2021, Qwest Corporation dba CenturyLink QC (“CenturyLink”) applied
for Commission approval of an amendment (“Amendment”) to an interconnection agreement
(“Agreement”) with Level 3 Telecom of Idaho, LLC (“Level 3 Telecom”). The Amendment
responds to a recent Federal Communications Commission (“FCC”) order modifying unbundled
network element (“UNE”) requirements for incumbent local exchange carriers. With this Order,
the Commission approves the Amendment.
BACKGROUND
The federal Telecommunications Act of 1996 (“Act”) permits incumbent local
exchange carriers to voluntarily negotiate with a requesting telecommunications carrier for
interconnection, services, or network support. 47 U.S.C. § 252(a)(1). Under the Act,
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 a voluntarily
negotiated agreement only if it finds that: (1) the agreement discriminates against a
telecommunications carrier not a party to the agreement; or (2) implementing the agreement is
inconsistent 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 provisions of Section 251(b) or (c).” Order No. 28427 at 11 (emphasis in original).
This comports with the FCC’s rule 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 this Application, CenturyLink asks the Commission to approve the Amendment to
the Agreement with Level 3 Telecom. The Commission approved the Agreement on August 2,
ORDER NO. 35100 2
2004. Order No. 29559. The Amendment is intended to conform the Agreement with a recent FCC
order modifying UNE requirements for incumbent local exchange carriers.
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 the Commission approve the
Amendment.
COMMISSION DECISION
Under the federal Telecommunications Act, resale 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 the Commission
finds that the agreement would discriminate against nonparty telecommunications carriers or that
implementing it would be inconsistent with the public interest, convenience, and necessity. Id.
Based upon our review of the Application and the Staff’s recommendation, the
Commission finds the Amendment does not discriminate against nonparty telecommunications
carriers, and that implementing it would be consistent with the public interest, convenience, and
necessity. Therefore, the Commission finds it reasonable to grant the Application and approve the
Amendment. Our approval of the Amendment 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 of 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.

ORDER NO. 35100 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 9th day
of July 2021.

PAUL KJELLANDER, PRESIDENT

KRISTINE RAPER, COMMISSIONER

ERIC ANDERSON, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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