20100520Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
COMMISSION STAFF
LEG AL
FROM:CAROLEE HALL
DATE:MAY 20, 2010
RE:CASE NO. CEN-I0-0l- APPLICATION FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT BETWEEN CENTURYTEL OF
IDAHO, INC., dba CENTURYLINK OF IDAHO ("CENTURYLINK -
IDAHO") AND BULLSEYE TELECOM, INc. ("BULLSEYE"
CASE NO. CGS-I0-0l- APPLICATION FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT BETWEEN CENTURYTEL OF
THE GEM STATE, dba CENTURYLINK OF THE GEM STATE
CENTURYLINK - GEM STATE") AND BULLSEYE TELECOM, INC.
BULLSEYE"
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 US.C. 9252(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.C. 9252(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 "
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.R. 9 51.3.
DECISION MEMORANDUM - 1 -MAY 20, 2010
CURRENT APPLICATION
Century Link of Idaho and the Gem State filed an Interconnection Agreement with
BullsEye Telecom, Inc. on May 5 , 2010. Case No.s CEN-I0-0l and CGS-I0-0l were
assigned for Century Link ofIdaho and Century Link of the Gem State, Inc., respectively.
The Agreements set forth the terms, conditions and pricing under which CenturyLink will
provide certain Telecommunications Services to BullsEye for the purpose of delivering such
services to customers of BullsEye.
The Application further states that CenturyLink is a "rural telephone company" as that
term is defined in the Act, 47 U.153. Pursuant to Section 251 (f)(l) of the Act. CenturyLink
goes on to indicate that it is exempt from Section 251 (c ) of the Act and, that notwithstanding,
the companies have entered into and accepted this Agreement for purposes of exchanging local
traffic. CenturyLink further states that "execution of the Agreement does not in any way
constitute a waiver or limitation of Century Link's rights under Section 251 (f)(I) or 251 (f)(2) of
the Act" and that the Company, "expressly reserves the right to assert its right to an exemption or
waiver and modification of Section 251 (c ) ofthe Act, in response to other requests for
interconnection by CLEC or any other carriers.
STAFF ANALYSIS
Staff has reviewed the Applications and CenturyLink's statements regarding its claim to
rural exemptions pursuant to Section 251 (f)(l) or 251 (f)(2) of the Act. Staff does not consider
this statement binding or establishing precedence. Such a determination will be made when this
is a claim for a rural exemption in accordance with Section 251(f) of the Act. However, Staffs
review of the interconnection agreements between the parties does not find any terms or
conditions that it considers to be discriminatory or contrary to the public interest.
Staff believes that the Agreements between CenturyLink - Idaho, CenturyLink - of the
Gem State and BullsEye, 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 Agreements merit the Commission s approval.
DECISION MEMORANDUM - 2 -MAY 20 2010
COMMISSION DECISION
Does the Commission agree with Staffs Recommendation?
i:udmemos/interconnection agreements/CEN-IO-OI CENTURYLINK ofldaho, CGS-IO-OI CENTURYLINK ofthe Gem State, Inc. AND
BullsEye Telecom, Inc.
DECISION MEMORANDUM - 3 -MAY 20 2010