20131004Decision Memo (1).pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:OCTOBER 4,2013
RE:APPLICATION FOR APPROVAL OF THE BILL AND KEEP VNXX
AMENDMENT TO THE INTERCONNECTION AGREEMENT BETWEEN
CENTURYLINK QC (“CENTURYLINK”)AND LEVEL 3
COMMUNICATIONS,LLC (“LEVEL 3”);CASE NO.QWE-T-02-8.
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.
CURRENT APPLICATION
On October 3,2013,this Commission received an amendment to the Interconnection
Agreement that was originally approved by this Commission on May 22,2002,in Case No.
QWE-T-02-8.Since then,there have been a number of amendments submitted and approved.
DECISION MEMORANDUM .1 -OCTOBER 4,2013
With this filing the companies are seeking approval to add terms,conditions and rates for
Bill and Keep VNXX as set forth in Attachment I to this Amendment.
STAFF ANALYSIS
Staff has reviewed the Amended Application and finds that it does not appear to contain
any terms or conditions that may be considered discriminatory or contrary to the public interest.
Accordingly,Staff believes that the Agreement merits the Commission’s approval.
COMMISSION DECISION
Does the Commission agree?
i udmemos/adopting interconneclion agrccments!QWE-T-02-08 Qwest and Level Bill and Keep VNXX
DECISION MEMORANDUM -2-OCTOBER 4,2013