20150724Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JULY 22,2015
RE:APPLICATION FOR APPROVAL TO AMEND AN INTERCONNECTION
AGREEMENT BETWEEN CENTURYLINK QC (“CENTURYLINK”)AND
LEVEL 3 COMMUNICATIONS,LLC.(“LEVEL 3”).
CASE NO.QWE-T-02-08.
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 511.”
47 C.F.R.§51.3.
CURRENT APPLICATION
On July 15,2015,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-02-08.
DECISION MEMORANDUM -1 -JULY 22,2015
The Agreement submitted with this filing is adding terms,conditions and rates for
Collocation DC Power Measurement as set forth in Attachment 1 with the filing.
According to the parties this Agreement was reached through voluntary negotiations
without resort to mediation or arbitration.
STAFF ANALYSIS
Staff has reviewed the 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 Application is consistent with the pro-competitive policies of this Commission,the Idaho
Legislature,and the FCC’s Telecom Act of 1996.Accordingly,Staff believes that the Agreement
merits the Commission’s approval.
COMMISSION DECISION
Does the Commission agree?
I udmemos/adopting interconnection agrcemcnwQwE.T-02-OS Q’cst and Level 3 Collocation DC Power Measurement
-7-DECIS ION MEMORANDUM JULY 22,2015