20230427Final_Order_No_35759.pdf

ORDER NO. 35759 1
Office of the Secretary
Service Date
April 27, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF QWEST
CORPORATION DBA CENTURYLINK QC’S
APPLICATION FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT WITH
WIDE VOICE, LLC FOR THE STATE OF
IDAHO
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CASE NO. QWE-T-23-01

ORDER NO. 35759

On March 20, 2023, Qwest Corporation dba CenturyLink QC (“CenturyLink”) applied
seeking Commission approval of an Interconnection Agreement (“Agreement”) with Wide Voice,
LLC (“Wide Voice”). The Agreement includes terms and conditions for Interconnection,
Unbundled Network Elements, and Ancillary Services between the two companies.
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). 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. 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
CenturyLink stated that the Agreement “was reached through voluntary negotiations
without resort to mediation or arbitration and is submitted for approval pursuant to Section 252(e)
of the Communications Act of 1934, as amended by the Telecommunications Act of 1996. . . .”
Application at 1.
ORDER NO. 35759 2
STAFF RECOMMENDATION
The Commission Staff (“Staff”) reviewed the Application and Agreement and believed it
is not discriminatory or contrary to the public interest. Staff also believed the Agreement is
consistent with the pro-competitive policies of this Commission, Title 62 of the Idaho Code, and
the Act. Accordingly, Staff recommended the Commission approve the Agreement.
COMMISSION FINDINGS AND DECISION
Under the 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 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.
Based upon our review of the record, the Commission finds the Agreement 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 Agreement. Our approval of the 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 Application is granted, and the Agreement 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.
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ORDER NO. 35759 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 27th day of
April 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

_________________________________________
JOHN R. HAMMOND, JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

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