20111109final_order_no_32398.pdf

Office of the Secretary
Service Date
November 9,2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION,DBA CENTURYLINK )CASE NO.QWE-T-11-12
QC,FOR APPROVAL OF ITS )
INTERCONNECTION AGREEMENT WITH LXI-)
CLEC,LLC PURSUANT TO 47 U.S.C.§252(e))ORDER NO.32398
_________________________________________________________________________________________________
)
In this case,the Commission is asked to approve an Interconnection Agreement
between Qwest Corporation dba CenturyLink QC and LXI-CLEC,LLC.With this Order,the
Commission approves the parties’Interconnection Agreement.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996,interconnection
agreements,including amendments thereto,must be submitted to the Commission for approval.
47 U.S.C.§252(e)(1).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 the agreement is not consistent with the public
interest,convenience and necessity.47 U.S.C.§252(e)(2)(A).As the Commission noted in
Order lJo.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
provision of Section 251(b)or (c).”Order No.28427 at 11 (emphasis in original).This
comports with the FCC’s statement 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
On September 20,2011,CenturyLink filed an Application to allow CenturyLink and
LXI to adopt the Interconnection Agreement,including any associated amendments,between
CenturyLink and Neutral Tandem,Inc.approved by the Commission on June 21,2010.See
Order No.32008.
STAFF RECOMMENDATION
Staff reviewed CenturyLink’s Application and does not find any terms or conditions
that it considers to be discriminatory or contrary to the public interest.Staff believes that the
ORDER NO.32398 1
parties’Interconnection Agreement is consistent with the pro-competitive policies of this
Commission,the Idaho Legislature,and the federal Telecommunications Act.Accordingly,
Staff recommended that the Commission approve the Interconnection Agreement between
CenturyLink and LXI.
COMMISSION DECISION
Under the terms of the Telecommunications Act,interconnection agreements,
including amendments thereto,must be submitted to the Commission for approval.47 U.S.C.§
252(e)(I).The Commission’s review is limited,however.The Commission may reject an
agreement adopted by negotiation pjy 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 parties’Interconnection Agreement is consistent with the public
interest,convenience and necessity and does not discriminate.Therefore,the Commission finds
that the Agreement should be approved.Approval of an interconnection agreement does not
negate the responsibility of either party to an agreement to obtain a Certificate of Public
Convenience and Necessity if they are offering local exchange services or to comply with Idaho
Code §62-604 and 62-606 if they are providing other non-basic local telecommunications
services as defined by Idaho Code §62-603.
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement between Qwest
Corporation dba CenturyLink QC and LXI-CLEC,LLC,Case No.QWE-T-l 1-12,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.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.32398 2
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this 9T
day of November 2011.
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PAUL KJELIA1ER,COMMISSIONER
\
MACK A.REDFORD,COMMISSIONER
1A il
MARSHA F-I.SMITH.COMMISSIONER
ATTEST:
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Jeñ D.Jewell (/
Commission Secretary
O:QWE-T-1 1-12_np
ORDER NO.32398 3