20131004Decision Memo (2).pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:OCTOBER 3,2013
RE:APPLICATLON FOR APPROVAL TO AMEND AN 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)(1).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 September 27,2013,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 -I -OCTOBER 3,2013
With this filing the companies are seeking approval to add terms and conditions along
with Exhibit H (Calculation of the Relative Use Factor (RUF)).According to the parties this
Agreement was reached through voluntary negotiations without resort to mediation or arbitration.
STAFF ANALYSIS
Staff has reviewed the Amended Application and finds that it does not appear to contain
any terms or conditions that may be consider discriminatory or contrary to the public interest.
Staff believes that the Amended Application is consistent with the pro-competitive policies of this
Commission and the Idaho Legislature.Accordingly,Staff believes that the Agreement merits the
Commission’s approval.
COMMISSION DECISION
Does the Commission agree?
i:udmemos/adopting interconnection agreementslQWE-T-02-O8 Qwest and Level 3 Exhibit H RUF
DECISION MEMORANDUM -2-OCTOBER 3,2013