HomeMy WebLinkAbout20260916Final_Order_No_37163.pdf Office of the Secretary
Service Date
September 16,2026
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF QWEST ) CASE NO. QWE-T-26-01
CORPORATION'S APPLICATION FOR )
APPROVAL OF AMENDMENT TO THE )
INTERCONNECTION AGREEMENT WITH ) ORDER NO. 37163
BANDWIDTH.COM CLEC,LLC )
On April 24, 2026, Qwest Corporation dba CenturyLink QC ("Company") applied to the
Idaho Public Utilities Commission ("Commission") for the approval of an amendment
("Amendment") to an interconnection agreement ("Interconnection Agreement") with
Bandwith.com CLEC, LLC ("Bandwidth") ("Application").
Based on our review of the record, the Commission now issues this Final Order granting
the Application and approving the Amendment between the Company and Bandwidth.
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
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.
THE APPLICATION
The Company sought the Commission's approval of the Amendment to the existing
Interconnection Agreement allowing Bandwidth to act as Carrier Partner for Interconnected Voice
over Internet Protocol Provider. Application at 1. The Company stated that the terms of the
ORDER NO. 37163 1
Amendment were reached through voluntary negotiations between the parties without mediation
or arbitration. Id. According to the Company, the Amendment would serve the public interest by
allowing Bandwidth to interconnect with its facilities, thereby providing customers with more
choices among telecommunications services. Id. at 2.
STAFF REVIEW
Commission Staff ("Staff') reviewed the Company's Application, Interconnection
Agreement, and Amendment. Staff Memo at 2. Staff did not believe that the Amendment would
discriminate against any telecommunications carrier not a party to the Interconnection Agreement
or that the Amendment would otherwise be inconsistent with the public interest, convenience, and
necessity.Id. Therefore, Staff recommended that the Commission approve the Agreement between
the Company and Bandwidth.Id.
COMMISSION FINDINGS AND DECISION
Based upon our review of the Application, the Agreement, and Staffs recommendation,
the Commission finds that the Agreement does not discriminate against nonparty
telecommunications carriers and that implementing it is consistent with the public interest,
convenience, and necessity. The Commission finds it reasonable to grant the Application and
approve the Amendment. Our approval of the Application and Amendment 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 Application is granted, and the Amendment is
approved.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within 21 days of the service date of this Order regarding any matter decided in
this Order.Within 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. 37163 2
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 16th day of
September 2026.
V- 4
EDWARD LODGE, PR IDENT
J R. HAMMOND JR., COMMISSIONER
DAYN HA IE, COMMISSIONER
ATTEST:
I ADO.
o i a anchez
Commission Secretary
I:\Legal\TELECOM\QWET2601_final jl.doex
ORDER NO. 37163 3