S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * * In the matter of the joint requests for Commission ) approval of interconnection agreements and ) amendments. ) ) At the July 22, 2016 meeting of the Michigan Public Service Commission in Lansing, Michigan. PRESENT: Hon. Sally A. Talberg, Chairman Hon. Norman J. Saari, Commissioner ORDER The following parties have filed joint applications for approval of interconnection agreements or amendments to an interconnection agreement: Case No. U-12627 and EarthLink Business, LLC Application filed June 22, 2016, for approval of a fourteenth amendment to the interconnection agreement (adds terms and conditions to implement (1) the Lifeline and Link-Up Reform and Modernization et al., WC Docket No. 11-42 et al., Second Report and Order, FCC 15-71, released June 22, 2015, (2) the Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order, FCC 11-161, issued November 18, 2011, and FCC 11-189, amended on December 23, 2011, and (3) the Petition of US Telecom for Forbearance Pursuant to 47 U.S.C. 160(c) from Enforcement of Obsolete ILEC Legacy Regulations That Inhibit Deployment of Next-Generation Networks, WC Docket No. 14-192, released December 28, 2015; and adds transit traffic terms and pricing). Case No. U-13328 and US Signal Company, L.L.C. Application filed June 27, 2016, for approval of a twelfth amendment to the interconnection agreement (adds terms and conditions to implement (1) the Lifeline and Link-Up Reform and
Modernization et al., WC Docket No. 11-42 et al., Second Report and Order, FCC 15-71, released June 22, 2015, (2) the Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order, FCC 11-161, issued November 18, 2011, and FCC 11-189, amended on December 23, 2011, and (3) the Petition of US Telecom for Forbearance Pursuant to 47 U.S.C. 160(c) from Enforcement of Obsolete ILEC Legacy Regulations That Inhibit Deployment of Next-Generation Networks, WC Docket No. 14-192, released December 28, 2015). Case No. U-13690 Case No. U-15431 Case No. U-16760 and QuantumShift Communications, Inc. Application filed June 20, 2016, for approval of a sixth amendment to the interconnection agreement (adds terms and conditions to implement (1) the Lifeline and Link-Up Reform and Modernization et al., WC Docket No. 11-42 et al., Second Report and Order, FCC 15-71, released June 22, 2015, (2) the Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order, FCC 11-161, issued November 18, 2011, and FCC 11-189, amended on December 23, 2011, and (3) the Petition of US Telecom for Forbearance Pursuant to 47 U.S.C. 160(c) from Enforcement of Obsolete ILEC Legacy Regulations That Inhibit Deployment of Next-Generation Networks, WC Docket No. 14-192, released December 28, 2015). and Broadvox-CLEC, LLC Application filed June 30, 2016, for approval of a tenth amendment to the interconnection agreement (adds terms and conditions to implement (1) the Lifeline and Link-Up Reform and Modernization et al., WC Docket No. 11-42 et al., Second Report and Order, FCC 15-71, released June 22, 2015, (2) the Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order, FCC 11-161, issued November 18, 2011, and FCC 11-189, amended on December 23, 2011, and (3) the Petition of US Telecom for Forbearance Pursuant to 47 U.S.C. 160(c) from Enforcement of Obsolete ILEC Legacy Regulations That Inhibit Deployment of Next-Generation Networks, WC Docket No. 14-192, released December 28, 2015). and US Xchange of Michigan, L.L.C., d/b/a EarthLink Business I Application filed June 22, 2016, for approval of a tenth amendment to the interconnection agreement (adds terms and conditions to implement (1) the Lifeline and Link-Up Reform and Modernization et al., WC Docket No. 11-42 et al., Second Report and Order, FCC 15-71, released June 22, 2015, (2) the Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order, FCC 11-161, issued November 18, 2011, and FCC 11-189, amended on December 23, 2011, and (3) the Petition of US Telecom for Forbearance Pursuant Page 2 U-12627 et al.
to 47 U.S.C. 160(c) from Enforcement of Obsolete ILEC Legacy Regulations That Inhibit Deployment of Next-Generation Networks, WC Docket No. 14-192, released December 28, 2015; and adds transit traffic terms and pricing). Case No. U-17225 Case No. U-17430 Case No. U-18110 Case No. U-18117 Case No. U-18118 and Peerless Network of Michigan, LLC Application filed July 11, 2016, for approval of a first amendment to the interconnection agreement (adds terms and conditions to implement (1) the Lifeline and Link-Up Reform and Modernization et al., WC Docket No. 11-42 et al., Second Report and Order, FCC 15-71, released June 22, 2015, (2) the Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order, FCC 11-161, issued November 18, 2011, and FCC 11-189, amended on December 23, 2011, and (3) the Petition of US Telecom for Forbearance Pursuant to 47 U.S.C. 160(c) from Enforcement of Obsolete ILEC Legacy Regulations That Inhibit Deployment of Next-Generation Networks, WC Docket No. 14-192, released December 28, 2015; implements the Federal Communications Commission s Interconnected VoIP Provider access to numbers for local number portability; and revises provisions related to Customer Information Services). and O1 Communications Central, LLC Application filed June 17, 2016, for approval of a first amendment to the interconnection agreement (adds terms and conditions to implement (1) the Lifeline and Link-Up Reform and Modernization et al., WC Docket No. 11-42 et al., Second Report and Order, FCC 15-71, released June 22, 2015, (2) the Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order, FCC 11-161, issued November 18, 2011, and FCC 11-189, amended on December 23, 2011, and (3) the Petition of US Telecom for Forbearance Pursuant to 47 U.S.C. 160(c) from Enforcement of Obsolete ILEC Legacy Regulations That Inhibit Deployment of Next-Generation Networks, WC Docket No. 14-192, released December 28, 2015). and RACC Enterprises, LLC Application filed May 26, 2016, for approval of an interconnection agreement. and Itelecom, Inc., d/b/a Advent Telecom Application filed June 13, 2016, for approval of an interconnection agreement. and U.S. Metrotel, LLC Application filed June 14, 2016, for approval of an interconnection agreement. Page 3 U-12627 et al.
Case No. U-18119 Case No. U-18123 Case No. U-18129 Case No. U-18130 Case No. U-18133 and Borderland Communications, LLC Application filed June 14, 2016, for approval of an interconnection agreement. and 365 Wireless, LLC Application filed June 21, 2016, for approval of an interconnection agreement. and Budget PrePay, Inc. Application filed June 29, 2016, for approval of an interconnection agreement. and Airespring, Inc. Application filed June 29, 2016, for approval of an interconnection agreement. CenturyTel Midwest-Michigan, Inc., CenturyTel of Michigan, Inc., CenturyTel of Northern Michigan, Inc., and CenturyTel of Upper Michigan, Inc., all d/b/a CenturyLink, and New Cingular Wireless PCS, LLC, and its commercial mobile radio service affiliates Application filed July 11, 2016, for approval of a commercial mobile radio services interconnection agreement. 47 USC 252(e)(2) and (3) provides in part: (2) The State commission may only reject (A) an agreement (or any portion thereof) adopted by negotiation under subsection (a) of this section if it finds that-- (i) the agreement (or portion thereof) discriminates against a telecommunications carrier not a party to the agreement; or (ii) the implementation of such agreement or portion is not consistent with the public interest, convenience, and necessity;.... (3) Notwithstanding paragraph (2), but subject to section 253 of this title, nothing in this section shall prohibit a State commission from establishing or enforcing other requirements of State law in its review of an agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. After reviewing the applications, the Commission finds that they should be approved. The Commission finds that the agreements and amendments are consistent with federal and state law and are in the public interest. Under 47 USC 252(i) and MCL 484.2359(2), the services provided Page 4 U-12627 et al.
under the agreements shall be made available to other telecommunications carriers upon the same terms and conditions. THEREFORE, IT IS ORDERED that: A. The interconnection agreements and amendments listed above are approved. B. Approval of the interconnection agreements and amendments does not alter the duty of the parties to comply with relevant federal and state law and past and future Commission orders and rules. The Commission reserves jurisdiction and may issue further orders as necessary. Page 5 U-12627 et al.
Any party aggrieved by this order may file an action in the appropriate federal District Court under 47 USC 252(e)(6). To comply with the requirement to notify the Commission of an appeal, appellants shall send required notices to both the Commission s Executive Secretary and to the Commission s Legal Counsel. Electronic notifications should be sent to the Executive Secretary at mpscedockets@michigan.gov and to the Michigan Department of the Attorney General - Public Service Division at pungp1@michigan.gov. In lieu of electronic submissions, paper copies of such notifications may be sent to the Executive Secretary and the Attorney General - Public Service Division at 7109 W. Saginaw Hwy., Lansing, MI 48917. MICHIGAN PUBLIC SERVICE COMMISSION Sally A. Talberg, Chairman By its action of July 22, 2016. Norman J. Saari, Commissioner Kavita Kale, Executive Secretary Page 6 U-12627 et al.
P R O O F O F S E R V I C E STATE OF MICHIGAN ) Case No. U-12627 et al County of Ingham ) Paige Bialke being duly sworn, deposes and says that on July 22, 2016 A.D. she served a copy of the attached Commission order by first class mail, postage prepaid, or by interdepartmental mail, to the persons as shown on the attached service list. Subscribed and sworn to before me this 22 nd day of July 2016 Paige Bialke Steven J. Cook Notary Public, Ingham County, Michigan As acting in Eaton County My Commission Expires: April 30, 2018
Service List U-12627 Jeanne Dale New Edge Network, Inc. 330 Monroe Avenue Rochester NY 14607 Earthlink Business LLC 2610 Horizon Drive, SE Suite B Grand Rapids MI 49546
Service List U-13328 RVP Fiber Company LLC US Signal Company LLC 201 Ionia Avenue SW Grand Rapids MI 49503 Ms. Lisa M. Bruno-Herline 444 Michigan Avenue, Room 1750 Detroit MI 48226
Service List U-15431 Kyle V. Berhrand Infotelecom, LLC 75 Erieview Plaza, Suite 400 Cleveland OH 44114 Broadvox-CLEC LLC 1228 Euclid Avenue, Suite 390 Cleveland OH 44115 Infotelecom LLC General Counsel 1228 Euclid Avenue, Suite 390 Cleveland OH 44115
Service List U-16760 Jeanne Dale New Edge Network, Inc. 330 Monroe Avenue Rochester NY 14607 US Xchange of Michigan LLC Earthlink Business I Director - Reg. Comp. 2610 Horizon Drive, SE Suite B Grand Rapids MI 49546
Service List U-17225 Patrick D. Crocker Crocker & Crocker, P.C. 107 West Michigan Avenue 4th Floor Kalamazoo MI 49007 Peerless Network of Michigan LLC Director of Regulatory Affairs 222 S. Riverside Plaza, Suite 2730 Chicago IL 60606
Service List U-17430 O1 Communications Central LLC 5190 Golden Foothill Parkway El Dorado Hills CA 95762
Service List U-18110 Racc Enterprises LLC 7381 U.S. 31 North PO Box 1200 Alanson MI 49706
Service List U-18117
Service List U-18118
Service List U-18119
Service List U-18123 365 Wireless LLC 1500 Trotters Cove Atlanta GA 30338
Service List U-18129 Budget PrePay Inc 1325 Barksdale Boulevard, Suite 200 Bossier City LA 71111
Service List U-18130 Airespring Inc 30600 Telegraph Raod, Suite 2345 Bingham Farms MI 48025
Service List U-18133 CenturyLink CenturyTel Companies 17 S. High Street, Suite 600 Columbus OH 43215-5918 New Cingular Wireless PCS LLC 1277 Lenox Park Blvd. NE Atlanta GA 30319