20131122Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:NOVEMBER 13,2013
RE:APPLICATION FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETWEEN QVEST
CORPORATION dba CENTURYLINK QC (CENTURYLINK)AND
ELECTRIC LIGHTWAVE,LLC (“ELI”).CASE NO.USW-T-99-26/
ELI-T-99-2.
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:
(1)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].”
47 C.F,R.§51.3.
DECISION MEMORANDUM -1 -NOVEMBER 13,2013
CURRENT APPLICATION
On November 7,2013,CenturyLink filed an amendment to an interconnection agreement
that was approved by this Commission on November 29,1999,in Case Nos.USW-T-99-26 and
ELI-T-99-2.
This filing amends the terms,conditions and rates for Intercarrier Compensation between
the Parties for the exchange of VoIP-PSTN Traffic.Specifically,it sets out Bill and Keep
Compensation for Toll VoIP-PSTN traffic as well as Local VoIP-PSTN Traffic.This filing is in
compliance with the Federal Communications Commission’s Order in Docket No.01-92,hi the
Matter of Developing a Unified Intercarrier Compensation Regime.The Order set out rights and
obligations with respect to the exchange of VoIP traffic between CLEC providers and LECs in
addition to revised call signaling rules effective December 29,2011.
STAFF ANALYSIS
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 that the
amendment is consistent with the pro-competitive policies of this Commission,the Idaho
Legislature,and the Federal Communication Commission’s December 29,2011 Order.
Accordingly,Staff believes that the amendment merits the Commission’s approval.
COMMISSION DECISION
Does the Commission agree?
i:udmcmos/adopting interconnection agrcemenLs/USW-T-99-26,ELI-T-99-2,ICC Voll’Amendment
DECISION MEMORANDUM -2 -NOVEMBER 13,2013