20171208Decision Memo.pdf

R.E:
DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
LBGAL
WORKING FILE
FROM: CAROLEE HALL
DATE: DECEMBER 5,2017
JOINT APPLICATION BETWEEN QWEST CORPORATION DBA
CENTURYLINK QC ("CENTURYLINK") AND GRANITE
TELECOMMUNICATIONS, LLC. (,(GRANrrE") FOR APPROVAL OF
AMENDMENTS TO THE INTERCONNECTION AGREEMENT BETWEEN
THE COMPANTES. CASE NO. QWE-T-04-03.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submined to the Commission for approval. 47 U.S.C. $ 252(eXl). The
Commission rnay reject an agreement adopted by negotiations only if it finds that the agreement:
(l) discriminates against a telecommunications carrier not a party to the agreement; or
(2) irnplementation of the agreement is not consistent with the public interest, convenience and
necessity. 47 U.S.C. $ 252(eX2)(A). As the Commission noted in Order No. 28427, companies
voluntarily entering into interconnection agreements "may negotiate terrns, 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 I I (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 5ll. 47 C.F.R. $ 51.3.
CURRENT APPLICATION
Centurylink and Granite's original application for Interconncction Agreement was approved by
the Idaho Public Utilities Commission on February 26,2004. See Order No. 29433 in Case No.
QWE-T-04-03.
DECISION MEMORANDUM -t-DECEMBER 5, 2OI7
The current application between the parties states that it is a joint filing and that the
amendments were reached through voluntary negotiations without resort to mediation. This
amendment adds terms, conditions and rates for requested LJNE consuuction as set forth in
Attachment I and Exhibit A to the agreement.
STAFF ANALYSTS AND RECOMMENDATION
Staff has reviewed the Application for the Amendment and does not find any terms or
conditions that it considers to be discriminatory or contrary to the public interest. Staffbelieves the
Amendment is consistent with thc pro-competitive policies of this Commission, the ldaho Legislature,
and the federal Telecommunications Act of 1996. Accordingly, Staffbelieves that thc Amendment
merits the Commission's approval.
COMMISSION DECISION
Does the Commission agree?
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DECISION MEMORANDUM -7-DECEMBER 5,2017