20241104Final_Order_No_36384.pdf

Office of the Secretary
Service Date
November 4,2024
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION ) CASE NO. ALB-T-24-02
FOR APPROVAL OF THE )
INTERCONNECTION AGREEMENT )
BETWEEN LEVEL 3 COMMUNICATIONS, ) ORDER NO. 36384
LLC ("LUMEN")AND ALBION )
TELEPHONE CO. DBA ATC )
COMMUNICATIONS )
On September 5, 2024, Level 3 Communications, LLC ("Lumen") submitted an
application ("Application") to the Commission seeking Commission approval of the
Interconnection Agreement by and between Lumen and Albion Telephone Co. dba ATC
Communications ("ATC Communications"), for the State of Idaho ("Agreement"). The
Agreement establishes terms, conditions, and pricing for the local interconnection and the
exchange of local traffic for 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. 36384 1

THE APPLICATION
Lumen stated that the Agreement "was reached through voluntary negotiations without
resort to mediation or arbitration and is submitted for approval pursuant to Section 252(e) of the
Communications Act of 1934, as amended by the Telecommunications Act of 1996."Application
at 1.
STAFF RECOMMENDATION
Commission Staff ("Staff') reviewed the Application. Staff 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 the Commission approve the Application as filed.
COMMISSION FINDINGS AND DECISION
Under the 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 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 it reasonable to grant the Application and approve the
Agreement. 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.
ORDER NO. 36384 2

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 4t" day of
November 2024.
ERIC ANDERSON, PRESIDENT
HN R. HAMMOND, JR., COMMISSIONER
G
EDWARD LODGE, CO ISSIONER
ATTEST:
i aB i S
Commission Secrec
IALegal\TELECOM\ALBT2402_final_at.doex
ORDER NO. 36384 3