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Idaho Public Utilities Commission Issues Notice Regarding Application of Centurytel of the Gem State, Inc. DBA Centurylink for Approval of Amendments...(Targeted News Service Via Acquire Media NewsEdge) Idaho Public Utilities Commission Issues Notice Regarding Application of Centurytel of the Gem State, Inc. DBA Centurylink for Approval of Amendments to its Interconnection Agreement BOISE, Idaho, May 14 -- The Idaho Public Utilities Commission issued the following order: In the Matter of the Application of Centurytel of the Gem State, Inc. DBA Centurylink for Approval of AME DMENTS to its Interco Nection Agreement with New Cingular Wireless PCS, LLC DBA AT&T Mobility, Pursuant to 47 U.S.C. section 252(e) IN THE MATTER OF THE APPLICATION OF CENTURYTEL OF THE GEM STATE, INC. DBA CENTURYLINK, FOR APPROVAL OF ITS INTERCONNECTION AGREEMENT WITH QWEST COMMUNICATIONS COMPANY, LLC DBA CENTURYLINK QCC, PURSUANT TO 47 U.S.C. section 252(e) IN THE MATTER OF THE APPLICATION OF CEITURYTEL OF IDAHO, INC. DBA CENTURYLINK FOR APPROVAL OF ITS INTERCONNECTION AGREEMENT WITH QWEST COMMUNICATIONS COMPANY, ILC DBA CENTURYLINK QCC, PURSUANT ILC DBA CENTURYLINK QCC, PURSUANT CASE NO. GEM-T-98-O1 CASE NO. CGS-T-13-O1 ORDER NO. 32807 In these cases, the Commission is asked to approve amendments to an existing Interconnection Agreement between CenturyTel of the Gem State dba CenturyLink and New Cingular Wireless PCS, LLC dba AT&T Mobility; and new Interconnection Agreements between CenturyTel of the Gem State dba CenturyLink and Qwest Communications Company, LLC dba CenturyLink QCC; and CenturyTel of Idaho, Inc. dba CenturyLink and Qwest Communications Company, LLC dba CenturyLink QCC. With this Order, the Commission approves the amendments and Interconnection Agreements. BACKGROUND Under the provisions of the federal Telecommunications Act of 1996 ("the Act"), interconnection agreements, including amendments thereto, must be submitted to the Commission for approval. 47 U.S.C. section 252(e)(1). The Commission may reject an agreement adopted by negotiations only if it finds that the agreement: (1) discriminates against a telecommunications carrier not a party to the agreement: or (2) implementation of the agreement is not consistent with the public interest, convenience and necessity. 47 U.S.C. section 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 provision of Section 251(b) or (c)." Order No. 28427 at 11 (emphasis in original). This comports with the FCC's statement 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. section 51.3. THE APPLICATIONS 1. CenturyTel of the Gem State, Inc. dba CenturvLink and New Cingular Wireless PCS, LLC dba AT&T Mobility. Case No. GEM-T-98-01. On April 18, 2013, CenturyLink submitted an Application for approval of amendments to its Interconnection Agreement with AT&T Mobility, first approved by the Commission on August 26, 1998. See Order No. 27698. In the Application, the parties seek approval to incorporate terms and conditions associated with intercarrier compensation Bill and Keep. 2. CenturyTel of the Gem State, Inc. dba CenturyLink and Qwest Communications Company, LLC dba CenturyLink 0CC. Case No. CGS-T-13-0l. On April 18. 2013, CenturyLink submitted an Application for approval of its Interconnection Agreement with CenturyLink QCC. With this Application, the parties request that the Commission approve the terms and conditions for interconnection of traffic, compensation, and ancillary services. 3. CenturyTel of Idaho, Inc. dba CenturyLink and Owest Communications Company, LLC dba CenturyLink 0CC. Case No. CEN-T-13-01. On April 18, 2013, CenturyLink submitted an Application for approval of its Interconnection Agreement with CenturyLink QCC. With this Application, the parties request that the Commission approve the terms and conditions for interconnection of traffic, compensation, and ancillary services. STAFF RECOMMENDATION Staff reviewed the Applications and does not find any terms or conditions that it considers to be discriminatory or contrary to the public interest. Staff believes that the amendments and Interconnection Agreements are consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly, Staff recommended that the Commission approve the amendments and Interconnection Agreements. COMMISSION DECISION Under the terms of the Telecommunications Act, interconnection agreements, including amendments thereto, must be submitted to the commission for approval. 47 U.S.C. section 252(e)(l). However, the Commission's review is limited. The Commission may reject an agreement adopted by negotiation pply 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. Id. Based upon our review of the Applications and the Staff's recommendation, the Commission finds that the amendments and Interconnection Agreements are consistent with the public interest, convenience and necessity and do not discriminate. Therefore, the Commission finds that the amendments and Interconnection Agreements should be approved. Approval of the Agreements does not negate the responsibility of either party to these Agreements to obtain a Certificate of Public Convenience and Necessity if they are offering local exchange services or to comply with Idaho Code section 62-604 and 62-606 if they are providing other non-basic local telecommunications services as defined by Idaho Code section 62-603. ORDER IT IS HEREBY ORDERED that the amendments to the Interconnection Agreement between CenturyTel of the Gem State, Inc. dba CenturyLink and New Cingular Wireless PCS, LLC dba AT&T Mobility, Case No. GEM-T-98-01, are approved. IT IS FURTHER ORDERED that the Interconnection Agreement between CenturyTel of the Gem State, Inc. dba CenturyLink and Qwest Communications Company, LLC dha CenturyLink QCC, Case No. CGS-T-13-01, is approved. IT IS FURTHER ORDERED that the Interconnection Agreement between CenturyTel of Idaho, Inc. dba CenturyLink and Qwest Communications Company. LLC dba CenturyLink QCC, Case No. CEN-T- 13-01, 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. Within seven (7) days after any person has petitioned for reconsideration. any other person may cross-petition for reconsideration. See idaho Code section 61- 626 and 62-619. TNS C-Santpan-Santpan 130515-4347544 StaffFurigay (c) 2013 Targeted News Service |