20151211Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER RAPER
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:DECEMBER 8,2015
RE:APPLICATION FOR APPROVAL OF AN INTERCONNECTION
AGREEMENT BETWEEN CENTURYTEL OF IDAHO,INC.,DBA
CENTURYLINK,CENTURYTEL OF THE GEM STATE,INC.DRA
CENTURYLINK (“CENTURYLINK”)AND RCLEC,INC.
CASE NOS.CEN-T-15-07 AND CGS-T-15-07.
BACKGROUND
On September 12,2014,this Commission received an Application seeking approval for
an Interconnection Agreement between CenturyTel of Idaho.Inc..dba CentwyLink;CenturyTel
of the Gem State,Inc.,dba CenturyLink and Electric Lightwave,LLC.
Under the provision of the federal Telecommunications Act of 1996,interconnection
agreements must be submitted to the Commission for approval.47 U.S.C.§252(e)(1).The
Commission may reject an agreement adopted by negotiations only if it finds that the agreement:
(I)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 II (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.§51.3.
DECISION MEMORANDUM -I -DECEMBER 8,2015
DISCUSSION
The Application between 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).
STAFF ANALYSIS
Staff has reviewed the Application between the parties and believes that it meets the
terms and conditions of this Commission and is consistent with the pro-competitive policies of
this Commission and the Idaho Legislature.Staff recommends approval of the Agreement.
COMMISSION DECISION
Does the Commission agree?
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iudmcmos!CEN-T-15-07 md CGS-T-15-07 CcnturyTcl of Idaho,Inc.,dhaCcniuLink,CenturyTci oithc 0cm State,Inc.dha CcntuiyLink and
RCLEC
DECISION MEMORANDUM -2-DECEMBER 8,2015