20221018Final_Order_No_35566.pdf

ORDER NO. 35566 1
Office of the Secretary
Service Date
October 18, 2022
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 WIDE VOICE, LLC
PURSUANT TO 47 U.S.C. §252(e)
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CASE NO. QWE-T-22-02

ORDER NO. 35566

On July 27, 2022, Qwest Corporation dba CenturyLink QC (“CenturyLink”) applied for
Commission approval of a Third-Party Transit Provider Amendment (“Amendment”) to the
interconnection agreement (“Agreement”) between CenturyLink and Wide Voice, LLC (“Wide
Voice”). 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 [Federal Communications Commission] rules or with the
provisions of Section 251(b) or (c).” Order No. 28427 at 11 (emphasis in original). This comports
with the Federal Communications Commission’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 asked the Commission to approve the Amendment to the
Agreement with Wide Voice. The Commission approved the Agreement on October 4, 2016.
Order No. 33632. CenturyLink stated that the Amendment “was reached through voluntary
negotiations without resort to mediation or arbitration and submitted for approval pursuant to
ORDER NO. 35566 2
Section 252(e) of the Communications Act of 1934, as amended by the Telecommunications Act
of 1996.” Application at 1.
STAFF RECOMMENDATION
Commission Staff (“Staff”) reviewed the Application and believed the Amendment is not
discriminatory or contrary to the public interest. Staff also believed 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 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. Idaho Code § 61-626.

ORDER NO. 35566 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 18th day of
October 2022.

__________________________________________
ERIC ANDERSON, PRESIDENT

_________________________________________
JOHN CHATBURN, COMMISSIONER

__________________________________________
JOHN R. HAMMOND, JR., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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