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Idaho Public Utilities Commission Issues Order of the Application of Centurytel of Idaho, Inc. DBA Centurylink And Electric Light Wave, LLC Pursuant...(Targeted News Service Via Acquire Media NewsEdge) Idaho Public Utilities Commission Issues Order of the Application of Centurytel of Idaho, Inc. DBA Centurylink And Electric Light Wave, LLC Pursuant to 47 U.S.C. Section 252(e) BOISE, Idaho, Oct. 7 -- The Idaho Public Utilities Commission issued the following order: In The Matter of the Application of Centurytel of Idaho, Inc. DBA Centurylink And Electric Light Wave, LLC pursuant to 47 U.S.C. section 252(e) In The Matter of the Application of Centurytel of the Gem State, Inc. DBA Centurylink of Its Interconnection Agreement and Electric Lightwave, LLC Pursuant to 47 U.S.C. section 252(e) In these cases the Commission is asked to approve amendments to the Interconnection Agreements. With this Order, the Commission approves the amendments to the 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)(l). 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 APPLICATION 1. CenturyTel of Idaho, Inc. dba CenturyLink and Electric Lightwave, LLC, Case No. CEN-T-14-05. On September 12, 2014, this Commission received CenturyTel of Idaho's Application seeking approval of its Interconnection Agreement with Electric Lightwave. The Application states that the Agreement was reached through voluntary negotiations without resort to mediation or arbitration and submitted for approval pursuant to Section 252(e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996. The Agreement sets out rates, terms and conditions for local interconnection, collocation, local resale, and purchase of Unbundled Network Elements (UNE). 2. CenturyTel of the Gem State, Inc. dba CenturyLink and Electric Lightwave, LLC, Case No. CGS-T-14-05. On September 12, 2014, this Commission received CenturyTel of the Gem State's Application seeking approval of its Interconnection Agreement with Electric Lightwave. The Application states that the Agreement was reached through voluntary negotiations without resort to mediation or arbitration and submitted for approval pursuant to Section 2 52(e) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996. The Agreement sets out rates, terms and conditions for local interconnection, collocation, local resale, and purchase of Unbundled Network Elements (UNE). 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 Interconnection Agreements are consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly, Staff recommended the Commission approve the 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)(1). However, the Commission's review is limited. The Commission may reject an agreement adopted by negotiation 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 Staff's recommendation, the Commission finds that the Interconnection Agreements are consistent with the public interest, convenience and necessity and do not discriminate. Therefore, the Commission finds that the 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 Interconnection Agreement between CenturyTel of Idaho, mc, dba CenturyLink and Electric Lightwave, LLC, Case No. CEN-T-14-05, is approved. IT IS FURTHER ORDERED that the Interconnection Agreement between CenturyTel of the Gem State, Inc. dba CenturyLink and Electric Lightwave, LLC, Case No. CGS-T-14-05, 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 section 61-626 and 62-6 19. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 74 day of October 2014. ATTEST: Barbara Barrows Assistant Commission Secretary PAUL KJELLANDER, PRESIDENT MACK A. REDFORD, COMM1SIONER MARSHA H. SMITH, COMMISSIONER CC AutoTriage5rn-141008-30FurigayJane-4890324 30FurigayJane (c) 2014 Targeted News Service |