20180727Decision Memo.pdf

DECISION MEMORANDUM
TO COMMI SSIONER KJELLANDE R
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMIVtrSSION SECRETARY
LEGAL
WORKING FILE
FROM: CAROLEE HALL
DATE: JULY 23,2018
RE:APPLICATION FOR APPROVAL OF AI\ INTERCONNECTION
AGREEMENT BETWEEN CENTURYTEL OT' IDAHO, INC., DBA
CENTURYLINK; CENTURYTEL OF THE GEM STATE,INC., DBA
CENTURYLINK ("CENTURYLINK") AND BULLSEYE TELECOM, INC.
CASE NOS. CEN-T.T8-02 AND CGS-T-I8.02.
BACKGROUND
On July l9,20l8,this Commission received an Application seeking approval for an
Interconnection Agreement between CenturyTel of [daho, Inc., dba CenturyLink; CenturyT'el of
the Gem State,Inc., dba CenturyLink and BullsEye Telecom, Inc.
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements rnust be submitted to the Commission fbr approval. 47 U.S.C. $ 252(e)(1). The
Commission may reject an agreement adopted by negotiations only if it finds that the agreement:
(l) 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(eX2)(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 mles or with the provision of Section 251 (b) or (c)."
Order No.28427 at 1 I (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 requirernents of [Part 5l,1.'
47 C.F.R. $ sr.3.
DECISION MEMORANDUM 1 ruLY 23,?018
DISCUSSION
The Application between the Companies states that the agreements were reachcd tluouglt
voluntary negotiations without resort to mediation or arbitration and submitted for approval
pursuant to Section 252(c) of the Communications Act of 1934, as amended by the
'l'elecommunications Act of 1996. The agreement sets out rates, terrns and conditions for local
interconnection, collocation, local resale, and purchase of Unbundled Network Elements (t-IM).
STAFF ANALYSIS
Staffhas 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. Staffrecommends approval of the Agreement.
COMMISSION DECISION
Does the Commission agree?
HaI
i:udmemos/CEN-T-18-02 and CGS-T-18-02 CenturyTcl of ldaho, lnc., dba CenturyLink, CenturyTel of the Gem State, Inc. dba CenturyLink and
BULLSEYE TELECOM, INC.
DECISION MEMORANDUM a ruLY 23,2018