20221122Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER ANDERSON
COMMISSIONER CHATBURN
COMMISSIONER HAMMOND
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:JOHAN E.KALALA-KASANDA
MICHAEL DUVAL
DATE:NOVEMBER 22,2022
RE:IN THE MATTER OF CENTURYTEL OF THE GEM STATE,INC.DBA
CENTURYLINK AND CENTURYTEL OF IDAHO,INC.DBA
CENTURYLINK APPLICATION FOR APPROVAL OF AN
AMENDMENT TO THE INTERCONNECTION AGREEMENT WITH
METROPOLITAN TELECOMMUNICATIONS OF IDAHO INC.DBA
METTEL FOR THE STATE OF IDAHO;
CASE NOS.CGS-T-22-03/CEN-T-22-03.
On September 29,2022,CenturyTel of the Gem State,Inc.dba CenturyLinkand
CenturyTel of Idaho,Inc.dba CenturyLink(collectively,"CenturyLink")filed an Application to
the Idaho Public Utilities Commission ("Commission")seeking approval of an Amendment to
the Interconnection Agreement with Metropolitan Telecommunications of Idaho Inc.dba MetTel
("Amended Agreement").This is the Resale Forbearance Amendment ("Amendment")which
adds additional terms and conditions to the Agreement for Resale as outlined in Attachment l to
the Application.
The original Interconnection Agreement was approved by the Commission on December
17,20l3,under Commission Order No.32949 in Case Nos.CEN-T-l3-05/CGS-T-13-05 (the
"Agreement").CenturyLinkrequests that the matter be placed on the Commission's regular
agenda for expedited approval.
BACKGROUND
Under the provisions of the Federal Telecommunications Act of 1996,interconnection
agreements must be submitted to the Commission for approval.47 U.S.C.§252(e)(I).The
DECISION MEMORANDUM -1 -NOVEMBER 22,2022
Commission may reject an agreement adopted by negotiations only 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."47 U.S.C.§252(e)(2)(A).
As the Commission noted in Order No.28427,companies that voluntarilyenter into
interconnection agreements "may negotiateterms,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.
This comports with the FCC's statement that "a state commission shall have authorityto approve
an interconnection agreement adopted by negotiation even if the terms of the agreement do not
comply with the requirements of this part."47 C.F.R.§51.3.
STAFF DISCUSSIONAND RECOMMENDATION
CenturyLinkstates that the Amended Agreement was reached through voluntary
negotiations withoutresorting 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.Application at 1.
Staffreviewed the Application and does not find any terms or conditions that it considers
to be discriminatory or contrary to the public interest.Staff believes that the new agreement 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,Staffbelieves that this amendment to the previously approved Interconnection
Agreement merits the Commission's approval.
COMMISSION DECISION
Does the Commission wish to approve this Application?
ohan E.Kalala-Kasod
Udmemos/CGS-T-22-03_CEN-T-22-03 Interconnection Agreement with Metropolitan Telecommunications of Idaho [nc.dba MetTel
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