20161104Decision Memo.pdf

TO:
FROM:
DATE:
RE:
DECISION MEMORANDUM
COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
LEGAL
WORKING FILE
CAROLEE HALL
OCTOBER 28, 2016
APPLICATION FOR APPROVAL OF AN INTERCONNECTION
AGREEMENT BETWEEN CENTURYTEL OF IDAHO, INC., DBA
CENTURYLINK; CENTURYTEL OF THE GEM STATE, INC. DBA
CENTURYLINK ("CENTURYLINK") AND BCN TELECOM, INC.
CASE NOS. CEN-T-16-04 AND CGS-T-16-04.
BACKGROUND
On October 27, 2016, this Commission received an Application seeking approval for an
Interconnection Agreement between CenturyTel of Idaho, Inc., dba Century Link; CenturyTel of
the Gem State, Inc., dba CenturyLink and BCN Telecom, Inc.
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)(I). 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 OCTOBER 28, 2016
DISCUSSION
The Application between the Companies states that the agreements were 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?
i:udmcmos/CEN-T-16·04 and CGS-T-16-04 CenturyTel of Idaho, Inc ... dbn Century Link, CenturyTel of the Gem State, Inc. dba Century Link and
BCN TELECOM, INC.
DECISION MEMORANDUM OCTOBER 28, 2016