20140711Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JULVIO,2014
RE:APPLICATION FOR APPROVAL TO AMEND THE
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION Dm/.4 CENTURYLINK QC (“CENTURYLINK”)F/K/A
U S WEST COMMUNICATIONS,INC.,AND CRICKET
COMMUNICATIONS,INC.(“CRICKET”);CASE NO.QWE-T-OO-20.
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)(1).The
Commission may reject an agreement adopted by negotiations only if it finds that the agreement:
(I)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.
CURRENT APPLICATION
CenturyLink and Cricket submitted an amended Interconnection Agreement between the
parties in Case No.QWE-T-00-20.According to the Company,the original Agreement was
approved by this Commission on January 26,21.See Order No.28618.This amendment is to
DECISION MEMORANDUM -I -JULY 10,2014
change the Bill and Keep arrangement between the companies and is in compliance with the
recent Federal Communication Commission’s Order.See FCC Docket No.01-92.The genera]
terms and conditions are set forth in Attachment I to this amended agreement.
STAFF ANALYSES
Staff has reviewed the Application and does not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest.Staff believes that the
Agreement 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 Agreement merits the Commission’s approval.
COMMISSION DECISION
Does the Commission agree?
udmemos/Interconnection/wirdess and paging/QWE-f-OO-20 CENTURYLINK and Cricket
DECISION MEMORANDUM -2 --JULY 10,2014