20170414Decision Memo2.pdf

RE:
DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
LEGAL
WORKING F'ILE
FROM: CAROLEE HALL
DATE: APRIL lL20l7
APPLICATION FOR APPROVAL OF AN AMENDMENT TO AN
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION DBA CENTURYLINK QC AND NEUTRAL TANDEM,
INC. rN CASE NO. QWE-T-lo-03.
BACKCROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submined to the Commission for approv al. 47 U.S.C. $ 252(eXl). 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 OrderNo.284?7, 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)."
OrderNo. 28427 at I I (ernphasis 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]."
47 C.F.R. $ 51.3.
CURRE,NT APPLICATION
On April 5,20l7,this Commission received an Application from CenturyLink QC
requesting authority to amend its Interconnection Agreement with Neutral Tandem - Idaho,
LLC. See CaseNo. QWE-T-10-03. The Agreement sets out mutud terms and conditions for a
I -':\^Yl
DECTSION MEMORANDUM APRIL IO,2AI7
bill and keep arrangement for each company's traffic. The agreement also amends the correction
for the Company's name from Neutral Tandem Inc. to Neutral Tandem - Idaho, LLC- As stated
in the Application, both parties request an expeditious approval process and maintain that the
Agreement was reached through voluntary negotiations.
STAFF 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 1996. Accordingly, Staff
believes that this filing merits the Commission's approval.
COMMISSION DECISION
Does the Commission wish to approve CenturyLink's amendment to its Interconnection
Agreement with Neutral Tandem, LLC?
Hall
i udrncnros/QWE-T-10.03 AMENDMENT Bctwccn Qrvcsl and Ncutral Tondcm - ldaho, LLL.
DECISION MEMORANDUM -7, -
{,,:,",:r,*iffi
APRIL IO,2O17