20140425Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:APRIL 21,2014
RE:APPLICATION FOR APPROVAL OF AN AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETVEEN QWEST
CORPORATION DBA CENTURYLINK QC (“CENTURYLINK”)AND
SPRINT SPECTRUM L.P.(“SPRINT”);CASE NO.QWE-T-02-21.
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].”
47C.F.R.§51.3.
CURRENT APPLICATION
CenturyLink and Sprint filed theirjoint Application for an amendment to their
Interconnection Agreement on April 11,2014.See Case No.QWE-T-02-2 I.In the Application,
the parties state that this joint filing contains terms and conditions for Bill and Keep.According
DECISION MEMORANDUM -I -APRIL 21,2014
to the parties the terms of Bill and Keep were established by the Federal Communications
Commission in Docket No.01-92 In the Matter ofDeveloping a Unfjied Intercarrier
Compensation Regime.In its Order,the FCC changed the current state of applicable law with
respect to,among other things,requirements surrounding the exchange of traffic between
providers.
STAFF ANALYSIS AND RECOMMENDATION
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 the Amendment
to the original Interconnection Agreement comports with FCC Orders and is consistent with the
pro-competitive policies of this Commission,the Idaho Legislature,and the federal
Telecommunications Act of 1996.Accordingly,Staff believes that the filing merits the
Commission’s approval.
COMMISSION DECISION
Does the Commission agree?
Hall’
i.udmemos/Interconnection Agreements!QWF-T-02-21 CentwyLink and Sprint Spectrum Amendment Low Interconnection Agreement
DECISION MEMORANDUM -2-APRIL 21,2014