20160805Decision Memo.pdf

TO:
FROM:
DATE:
RE:
DECISION MEMORANDUM
COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
CAROLEE HALL
AUGUST 4, 2016
CASE NO. CEN-T-16-01: APPLICATION FOR APPROVAL TO REVISE AN
INTERCONNECTION AGREEMENT BETWEEN CENTURYTEL OF
IDAHO, INC. dba CENTURYLINK ("CENTURYLINK") AND NEW
CINGULAR WIRELESS ("NEW CINGULAR").
CASE NO. CGS-T-16-01: APPLICATION FOR APPROVAL TO REVISE AN
INTERCONNECTION AGREEMENT BETWEEN CENTURYTEL OF THE
GEM ST ATE dba CENTURYLINK ("CENTURYLINK") AND NEW
CINGULAR WIRELESS ("NEW CINGULAR").
BACKGROUND
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)(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.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 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.F.R. §
51.3.
DECISION MEMORANDUM -l -AUGUST 4, 2016
CURRENT APPLICATION
CenturyTel of Idaho dba Century Link and CenturyTel of the Gem State dba Century Link
filed revisions to their Interconnection Agreements that were approved on June 30, 2016, in Order
No. 33548. Both revisions are with New Cingular Wireless PCS, LLC and its Commercial Mobile
Radio Service affiliates. This filing is asking that the June 30, 2016 filings be replace with these
filings.
The revised Agreements have been signed by all parties and set transit charges for transit
traffic as set forth in Table 1 of the filing.
STAFF ANALYSIS
Staff has reviewed the revised Applications and believes that the Agreements between the
companies 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 revised Agreements merit the Commission's approval.
COMMISSION DECISION
Does the Commission agree?
i:udmcmos/ Paging nnd Wireless/ /CEN-T-16-01 CENTURYLINK of Idaho, CGS-T-16-01 CENTURYLINK of the Gem State, Inc. AND New
Cingular Wirclc:ss
DECISION MEMORANDUM -2-AUGUST 4, 2016