20240805Final_Order_No_36283.pdf

Office of the Secretary
Service Date
August 5,2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION ) CASE NO. QWE-T-24-03
OF QWEST CORPORATION DBA )
CENTURYLINK QC FOR APPROVAL OF ) ORDER NO. 36283
AN AMENDMENT TO ITS )
INTERCONNECTION AGREEMENT WITH )
ZAYO GROUP,LLC )
On June 12, 2024, Qwest Corporation dba CenturyLink QC ("CenturyLink") applied
for Commission approval of an amendment ("Amendment") to an interconnection agreement
("Agreement") with Zayo Group, LLC ("Zayo") that was approved in Case No. QWE-T-06-02.
The Amendment includes terms and conditions relating to Unbundled Network Elements. 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 parry 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 FCC rules or with the provisions of Section 251(b) or(c)." Order No. 28427 at 11. This
comports with the FCC'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 asks the Commission to approve the Amendment to
the Agreement with Zayo. The Commission approved the Agreement on March 7, 2006. Order
ORDER NO. 36283 1

No. 29986. CenturyLink confirmed that the Amendment to the Agreement was formed through
voluntary negotiations without resort to mediation or arbitration.
STAFF RECOMMENDATION
Staff reviewed the Application and believes the Amendment is consistent with the FCC
orders and pro-competitive policies of the Commission, the Idaho Legislature, and the Federal
Telecommunications Act. Accordingly, Staff recommends Commission approval of
CenturyLink's Application for an Amendment made to its Interconnection Agreement with Zayo.
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 parry'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 Amendment 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. Idaho
Code § 61-626 and 62-619.
ORDER NO. 36283 2

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 5ffi day
of August 2024.
Al,
ERIC AND RSON, PRESIDENT
9 f,
HN R. HAMMOND JR., COMMISSIONER
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EDWARD LODGE, CO ISSIONER
ATTEST:
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Commission Secre
I:\Lega]\TELECOM\Q WE\Orders\Q WET2403_Final_at.docx
ORDER NO. 36283 3