20140314Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER REDFOR1
COMMISSIONER SMITH
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:MARCH 10,2014
RE:APPLICATION FOR APPROVAL OF AN INTERIM ARRANGEMENT
BETWEEN CENTURYTEL OF IDAHO,INC.,CENTURYTEL OF THE
GEM STATE,INC.DBA CENTURYLINK (“CENTURYLINK”)AND
TELEPORT COMMUNICATIONS OF AMERICA,LLC.(“TELEPORT”).
CASE NO.CEN-T-14-O1 AND CGS-T-14-01.
APPLICATION
On January 23,2014,this Commission received an Application from CenturyLink
requesting Commission approval for an Interim Arrangement between CenturyLink and Teleport
Communications of America (Teleport).
BACKGROUND
Upon receipt of the Application between the parties,Staff contacted each company
seeking clarification as to what the Interim Arrangement was and what the intent of the parties
were.Staff was informed by Teleport that the arrangement was needed while further
negotiations with CenturyLink were taking place.Teleport indicated that the parties were still
negotiating and that an Interconnection Agreement would eventually follow.
On March 6,2014.Centun’Link sent a letter to the Commission explaining that the
“Interim Arrangement”is an agreement similar to an interconnection agreement that the parties
have entered into while negotiating the final interconnection agreement.This arrangement will
allow traffic to be transferred between the companies.The jointly agreed to arrangement
specifically states that,“Parties wish to enter into an ‘interim arrangement,’pursuant to 47
C.F.R.§51.715,which will allow the Parties to exchange traffic prior to the conclusion of
DECISION MEMORANDUM -I -MARCH 10,2014
negotiations for a permanent interconnection agreement,such exchange of traffic subject to true-
up to the rates,terms and conditions of the permanent interconnection agreement.”While
§51.715 specifically addresses interim Transport and Termination pricing,the parties appear to
be amenable to this arrangement.Moreover,it should allow Teleport to begin offering its
services while still negotiating the best interconnection agreement possible with CenturyLink.
DISCUSSION
With this filing the companies agreed to enter into an interim arrangement through
voluntary negotiations without resort to mediation or arbitration,while continuing to negotiate in
good faith a final interconnection agreement.Staff encourages the parties to finalize the
interconnection agreement negotiations and file the appropriate interconnection agreement as
soon as possible.
STAFF ANALYSIS
Staff has reviewed the Application between the parties and believes the Interim
Arrangement continues to meet the terms and conditions of this Commission and is consistent
with the pro-competitive policies of this Commission and the Idaho Legislature.Staff
recommends that the interim arrangement be accepted for filing pending the appropriate final
interconnection agreement.
COMMISSION DECISION
Does the Commission agree?
I udmcmns/CEN-T-14.OI and CGS-T-14-OI Cenlurylink And Teleport Interim Arrangement
DECISION MEMORANDUM -2-MARCH 10.2014