20170414Decision Memo.pdf

RE:
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DECISION MEMORAFTDUM
TO:COMMISSIONER KIELLANDER
COMMISSIONER RAPER
COMMISSIONER ANI}ERSON
COMMISSION SECR3TARY
LEGAL
WORKING FILE
FROM: CAROLEE HALL
DATE: APRIL 10,2017
APPLICATION FOR APPROVAL OF AN AMENDMENT TO AN
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION DBA CENTURYLINK QC AND NEUTRAL TANDEM.
IDAHO, LLC. TO ACT AS A CARRIER PARTNER FOR AN
TNTERCONNECTED VOrP PROVTDER IN CASE NO. QWE-T-!0-03.
BACKGROT,II{D
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. $ 252(eX2)(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. $ s1.3.
CURRENT APPLICATION
On April 5,2017, this Commission received an Application from CenturyLink QC
requesting authority to amend its Interconnection Agreement with NeutralTandem - Idaho,
LLC. See Case No. QWE-T-I0-03. The Agreement states that Neutral Tandem- Idaho, LLC,
DECISION MEMORA}.IDI'M I APRIL IO,ZOIT
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wishes to act as a Carrier Partner. A Carrier Partner is a Competitive Local Exchange Carrier
(CLEC) that provides the facilities and trunking that an Interconnected VolP provider needs in
order to exchange traffic with CenturyLink and demonstrates facilities readiness as described in
the FCC's VoIP Numbering Order. See FCC Report and Order 15-70 ('YoIP Numbering
Order"), released }wre 22, 2015.
The agreement states in the Application that both parties request an expeditious approval
process and maintain that the Agreement was reached through voluntary negotiations.
STAF'F'ANALYSIS
Staff has reviewed the Application to amend the Interconnection Agreement between the
companies. Staffis confident that the amendment meets the terms and conditions of this
Commission and believes it is consistent with the pro-competitive policies of this Commission,
the Idaho Legislature, and the federal Telecommunications Act of I996. Accordingly, Staff
believes that this filing merits the Commission's approval.
COMMISSION DECISION
Does the Commission wish to approve CenturyLink's amendment to its lnterconnection
Agreement with Neutral Tandem, LLC?
Hall
i.udmcmos/QWE-T-10-03 AMENDMENT Bet*'ecn Qucst End Neuusl Tundcm - ldsho, LLC. Conier Panncr for intcrcornccled VolP Providcr
DECISION MEMORANDUM 2 APRIL IO,2O17