20231214Final_Order_No_36026.pdf

ORDER NO. 36026 1
Office of the Secretary
Service Date
December 14, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION DBA
CENTURYLINK QC FOR APPROVAL OF
AN AMENDMEN TO INTERCONNECTION
AGREEMENT WITH TIME WARNER
CABLE INFORMATION SERVICES
(IDAHO), LLC
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CASE NO. QWE-T-23-03

ORDER NO. 36026

On August 16, 2023, Qwest Corporation dba CenturyLinkQC ("CenturyLink") applied to
the Commission for approval of an Amendment to the Interconnection Agreement with Time
Warner Cable Information Services (Idaho), LLC that was approved on September 1, 2022, in
Case No. QWE-T-21-13 ("Amendment"). Order No. 35519. According to CenturyLink, the
Amendment was reached through voluntary negotiations without resort to mediation or arbitration
and adds terms and conditions for interconnection operations support systems, billing support
systems, and local number portability.
BACKGROUND
Under the provisions of 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:
(1) discriminates against a telecommunications carrier not a party to the agreement; or (2)
implementation of such agreement or portion 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 that voluntarily enter 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 11.
Likewise, the FCC stated 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 indicates that the Amendment was reached through voluntary negotiations
without resort to mediation or arbitration and was submitted for Commission approval pursuant to
ORDER NO. 36026 2
Section 252(e) of the Communications Act of 1934, as amended by the Telecommunications Act
of 1996. As previously stated, the Amendment adds terms and conditions for interconnection
operations support systems, billing support systems, and local number portability.
STAFF REVIEW
After reviewing the Application and Amendment, Staff believed the Amendment is
consistent with FCC orders and the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act. Consequently, Staff recommended that the
Commission approve the Amendment.
COMMISSION FINDINGS
Under the terms of 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 our review of the Application and Staff’s recommendation, the Commission
finds that the Amendment is consistent with the public interest, convenience, and necessity and
does not discriminate. Therefore, the Commission finds that the Application should be approved.
Approval of this Application does not negate the parties’ responsibility to obtain a Certificate of
Public Convenience and Necessity if they plan to offer local exchange services, or to comply with
Idaho Code §§ 62-604 and 62-606 if they plan to 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 Amendment to the Agreement between CenturyLink
and Time Warner Cable Information Services (Idaho), LLC, Case No. QWE-T-21-13, is approved.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) may petition for reconsideration within twenty-one (21) days of the service
date of this Order regarding any matter decided therein. 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. 36026 3
DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 14th day of
December 2023.

ERIC ANDERSON, PRESIDENT

JOHN R. HAMMOND JR., COMMISSIONER

EDWARD LODGE, COMMISSIONER

ATTEST:

Monica Barrios-Sanchez
Interim Commission Secretary