20140523Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:CAROLEE HALL
DATE:MAY 21,2012
RE:CASE NO.CEN-T-O0-01 -APPLICATION FOR APPROVAL OF AN
AMENDMENT TO THE INTERCONNECTION AGREEMENT BETWEEN
CENTURYTEL OF IDAHO,INC.dba CENTURYLINK f/Ida CENTURYTEL
OF IDAHO,INC.AND CENTURYTEL OF THE GEM STATE,INC.d/b/a
CENTURYLINK f/Ida CENTURYTEL OF THE GEM STATE -EDAHO,INC.
(“CENTURYLINK”)AND SPRINT SPECTRUM LP (“SPRINT
SPECTRUM”).
BACKGROUND
Under the provision of the federaJ Telecommunications Act of 1996,interconnection
agreements must be submitted to the Commission for approval.47 U.S.C.§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.§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.§
)ii.
DECISION MEMORANDUM -I -MAY 21,2014
CURRENT APPLICATION
CenturyLink and Sprint Spectrum jointly filed this amendment to the interconnection
agreement between the companies that was approved by this Commission in 2000.See Order No.
28448.The parties seek Commission approval to amend the compensation portion of the
agreement.Specifically,the companies are amending the terms,conditions,and rates to reflect the
Federal Communications Commission ICC Bill and Keep requirements in Docket No.01-92,In 1/ic
Matte,’v/Developing an Unified Intercarrier Compensation Regime.See Attachment I with this
filing.
STAFF ANALYSIS
Staff has reviewed the Application and believes that the amended filing between
CenturyLink and Sprint comports with the FCC’s Bill and Keep requirements.Moreover,Staff
believes this filing is consistent with the public interest as identified in the pro-competitive policies
of this Commission,the Idaho Legislature,and the federal Telecommunications Act of 1996.
Accordingly,Staff believes that the Agreement merit the Commission’s approval.
COMMISSION DECISION
Does the Commission agree?
i:udmemos/lntercanncction —wireless and paging/CEN-T-OO-Ol CENTURYLINK and Sprint Bill and Keep
DECISION MEMORANDUM -2 -MAY 21,2014