20100820Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
CO MMISSI 0 NER RED FO RD
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:CAROLEE HALL
DATE:AUGUST 19,2010
RE:CASE NO. CEN-10-02 - APPLICATION FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT BETWEEN CENTURYTEL OF
IDAHO, INC. dba CENTURYLINK OF IDAHO ("CENTURYLINK -
IDAHO") AND ALLIED WIRELESS COMMUNICATIONS CORPORATION
(" ALLIED"
CASE NO. CGS-10-02 - APPLICATION FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT BETWEEN CENTURYTEL OF THE
GEM STATE dba CENTURYLINK OF THE GEM STATE
CENTURYLINK - GEM ST ATE") AND ALLIED WIRELESS
COMMUNICATIONS CORPORATION ("ALLIED"
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)(1). 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 "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.R. 9
51.3.
DECISION MEMORANDUM - 1 -AUGUST 19 2010
CURRENT APPLICATION
Century Link of Idaho and the Gem State filed an Interconnection and Reciprocal
Compensation Agreement with Allied Wireless Communications Corporation on August 2010.
Case Nos. CEN-I0-02 and CGS-I0-02 were assigned for each entity, collectively referred to as
CenturyLink.
The Agreement states that Allied will be adopting the Agreement between Century Link (fka
CentruyTel of the Gem State, Inc. and CenturyTel ofldaho, Inc.) and Verizon Wireless that was
executed in 2004. The Agreement establishes the rates, terms and conditions of local
interconnection and the exchange of local traffic for the state of Idaho.
ST AFF ANALYSIS
Staff has reviewed the Applications and believes that the Agreements between CenturyLink
- Idaho , Century Link - of the Gem State and Allied, 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.
COMMISSION DECISION
Does the Commission agree?
i:udmemos/CEN-IO-O2 CENTURYLINK ofldaho, CGS-IO-O2 CENTURYLINK of the Gem State, Inc. AND Allied Wireless Communications
Corporation
DECISION MEMORANDUM - 2 -AUGUST 19 2010