20231208Final_Order_No_36017.pdf

ORDER NO. 36017 1
Office of the Secretary
Service Date
December 8, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION DBA
CENTURYLINK QC FOR APPROVAL OF
THE INTERCONNECTION AGREEMENT
WITH EARTHGRID PBC DBA EARTHGRID
PBC CORPORATION FOR THE STATE OF
IDAHO
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CASE NO. QWE-T-23-04

ORDER NO. 36017

On August 24, 2023, Qwest Corporation d/b/a CenturyLink QC (“CenturyLink”) applied
to the Commission seeking Commission approval of an Interconnection Agreement between
CenturyLink and Earthgrid PBC d/b/a Earthgrid PBC Corporation for the State of Idaho
(“Agreement”). CenturyLink stated that the parties reached this Agreement voluntarily. The
Agreement proposes pricing, conditions, and other terms pertaining to local interconnection as
well as the exchange of local traffic between the parties within the State of Idaho.
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.
ORDER NO. 36017 2
THE APPLICATION
CenturyLink stated that the Agreement complied with the requirements of the Act and did
not violate the pro-competitive policies of this Commission and the Federal Communications
Commission. CenturyLink further asserted that because the Agreement “was reached through
voluntary negotiations, it does not raise issues requiring a hearing and does not concern other
parties not a party to the negotiations.” Application at 2.
STAFF RECOMMENDATION
Staff reviewed the Application and Agreement and believed the Company’s request 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 Commission approval of 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
that the Application should be approved. 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 and 62-619.
ORDER NO. 36017 3
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 8th day of
December 2023.

__________________________________________
ERIC ANDERSON, PRESIDENT

_________________________________________
JOHN R. HAMMOND, JR., COMMISSIONER

__________________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

Monica Barrios-Sanchez
Interim Commission Secretary

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