20190308Decision Memo.pdf

RE
DECISTON MEMORANDUM
TO COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM: CAROLEE HALL
DATE: MARCH 4,2019
APPLICATION FOR APPROVAL OF AN AMENDMENT TO AN
INTERCONNECTION AGREEMENT Bf,TWEEN QWEST
CORPORATION DBA CENTURYLINK QC AND LEVEL 3 TELECOM
oF IDAHO, LLC. CASE NO. QWE-T-04-20.
BACKGROUND
On February 22,2019, this Commission received an Application seeking approval for an
Amendment to an Interconnection Agreement between Centurylink QC and Level 3 Telecom,
LLC, fka tw Telecom, LLC, fka Time Warner Telecom, LLC ("Level 3 Telecom"). The original
Agreement was approved by the Idaho Public Utilities Commission on August2,2004.
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:
(l) 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. S 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 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 5l]."
47 C.F.R. $ 51.3.
DECISION MEMORANDUM I MARCH 4,2019
DISCUSSION
The Application states that the agreement was reached through voluntary negotiations
without resort to mediation or arbitration and submitted for approval pursuant to Section 252(e)
of the Communications Act of 1934, as amended by the Telecommunications Act of 1996. The
Amended application sets out specific terms and conditions under which Level 3 and
CenturyLink will exchange traffic under a Reciprocal Compensation agreement. The agreement
sets out a Bill and Keep arrangement as set forth in Exhibit A of the agreement.
STAFF ANALYSIS
Staff has reviewed the Application between the parties and believes that it meets the
terms and conditions of this Commission and is consistent with the pro-competitive policies of
this Commission and the Idaho Legislature. Staff recommends approval of the Amended
Agreement.
COMMISSION DECISION
Does the Commission agree?
-l
Hall
i:udmemos/QWE-T-04-20 Qwest Corporation dba. Centurylink QC and Level 3, LLC, fta tw Telecom, ct all
DECISION MEMORANDUM 1 MARCH 4,2019
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