20240820Final_Order_No_36293.pdf

Office of the Secretary
Service Date
August 20,2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF CENTURYLINK'S ) CASE NO. CGS-T-24-01
APPLICATION FOR APPROVAL OF THE )
COMMERCIAL MOBILE RADIO SERVICES )
AGREEMENT WITH GOLD STAR ) ORDER NO. 36293
COMMUNICATIONS, LLC DBA SILVER )
STAR COMMUNICATIONS FOR THE )
STATE OF IDAHO )
On July 12, 2024, CenturyTel of the Gem State, Inc. dba CenturyLink and CenturyTel of
Idaho, Inc. dba CenturyLink (individually and collectively "CenturyLink") applied to the Idaho
Public Utilities Commission("Commission")for an Order approving a Commercial Mobile Radio
Services ("CMRS") Agreement ("Agreement") with Gold Star Communications, LLC dba Silver
Star Communications for the State of Idaho. With this Order, the Commission approves their
Agreement.
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. 36293 1

THE APPLICATION
The Application indicates that the Agreement was submitted for the Commission's
approval pursuant to Section 252(e) of the Communications Act of 1934, as amended by the
Telecommunications Act of 1996. The Application states that the Agreement was entered into
voluntarily without the need for mediation or arbitration. The Agreement also sets out specific
rates, terms, conditions for interconnections, and establishes a two-way traffic for customers.
STAFF RECOMMENDATION
The Commission Staff("Staff')reviewed the Application and Agreement and believes the
terms and conditions are not discriminatory or contrary to the public interest. Staff also believes
the Agreement is consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff recommends
that the Commission approve the Application.
COMMISSION DECISION
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.
Based upon our review of the Application and Staff s recommendation, the Commission
finds that the Agreement 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.
ORDER
IT IS HEREBY ORDERED that the Agreement of CenturyTel of Idaho, Inc. dba
CenturyLink and CenturyTel of the Gem State, Inc. dba CenturyLink with Gold Star
Communications, LLC dba Silver Star Communications for the State of Idaho is approved.
ORDER NO. 36293 2

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 about any matter
decided in 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.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 20th day of
August 2024.
6:-K 2Y
ERIC ANDERSON, PRESIDENT
JO R. HAMMOND JR., COMMISSIONER
G
Gv�
EDWARD LODGE, COM 1 SIONER
ATTEST:
M i arri - n ez
Commission Secretary
I:\Legal\TELECOM\GCST2401_Fina1_md.docx
ORDER NO. 36293 3