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HomeMy WebLinkAbout20251203Final_Order_No_36861.pdf Office of the Secretary Service Date December 3,2025 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF QWEST ) CASE NO. QWE-T-25-03 CORPORATION'S APPLICATION FOR ) APPROVAL OF THE AMENDMENT TO ) THE INTERCONNECTION AGREEMENT ) ORDER NO. 36864 WITH WASHINGTON RSA NO. 8 LIMITED ) PARTNERSHIP C/O INLAND CELLULAR ) On September 16, 2025, Qwest Corporation dba CenturyLink QC ("Company") applied to the Idaho Public Utilities Commission("Commission")requesting the approval of an Amendment to the Interconnection Agreement approved by the Commission on February 27, 2001, in Order No. 28656, between the Company and Washington RSA No. 8 Limited Partnership c/o Inland Cellular, its General Partner("Washington RSA"). We now issue this Order granting approval of the Amendment to the Company's Interconnection Agreement with Washington RSA. 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. 36861 1 THE APPLICATION The Company requested Commission approval of an Amendment to its Interconnection Agreement with Washington RSA. The Company stated that the Amendment was achieved through voluntary negotiation without the need for mediation, in accordance with § 252(e) of the Act. Application at 1. The Company believed that the Interconnection Agreement provided no grounds for Commission denial under § 252(e)(2). Id. at 2. The Company further maintained that the Amendment serves the public interest and will enhance customer choice among local telecommunications service providers. Id. STAFF RECOMMENDATION Commission Staff("Staff') reviewed the Company's Application and the Amendment to the Interconnection Agreement. Staff Memo at 2. Staff believed that the Interconnection Agreement was consistent with the pro-competitive policies of this Commission, Title 62 of the Idaho Code, and the Act. Id. Accordingly, Staff recommended the Commission approve the Amendment to the Interconnection Agreement between the Company and Washington RSA. Id. 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 non-party 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 to the Interconnection Agreement does not discriminate against non-party 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 to the Interconnection Agreement between the Company and Washington RSA. Our approval of the Amendment to the Interconnection 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 NO. 36861 2 ORDER IT IS HEREBY ORDERED that the Application is granted, and the Amendment to the Interconnection Agreement between the Company and Washington RSA 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. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this Yd day of December 2025. G Grp EDWARD LODGE, PRE ENT OHN R. HAMMOND, JR., COMMISSIONER DAYN HARDI , COMMISSIONER ATTEST: guap-4- - La ra Calderon Robles Interim Commission Secretary I:\Legal\TELE COM\Q W ET2503_final_em.docx ORDER NO. 36861 3