20180831Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM: CAROLEE HALL
DATE: AUGUST 27,2418
RE:INTERCONNECTION AGREEMENT BETWEEN FRONTIER
COMMUNICATIONS NORTI{WEST INC. ("FRONTIER") AND LEVEL 3
COMMUNICATIONS, LLC. ("LEYEL 3"). AMENDMENT NO" 3 TO THE,
ORIGINAL FILING; CASE NO. VZN-'[-02-04.
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)(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, conveniencc and
necessity. 47 U.S.C. S 252(e)(2)(A). As thc Commission noted in Order No.28427, companies
voluntarily entering into interconnection agreements "may negotiate tenns, 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 51]."
47 c.F.R. $ 5r.3.
CI]RRENT APPLICATION
On August 17,2A18, Frontier filed its Interconnection Agreement with Amendment
Number 3 attached. This agreement is between Frontier and l,evel 3. The original agreement
sets out rates, terms and conditions between the companies. The Amendment Number 3 is an
-l-DECISION MEMORANDUM AUGUST27,2018
FCC compliance filing..Effective November 18, 2011, the Federal Communications
Commission released its USF/ICC Transformation Order. SeeFCC 1t-161. In the order, the
FCC determined that the default intercarrier compensation methodology for all non-access
telecommunications traffic exchanged between carriers and competitive Local Exchange Carriers
will transition to bill and keep over the next six years. This Amendment includes an Exhibit B
and addresses all affiliates associated with Frontier and Level3.
STAFF ANALYSIS
Staffhas reviewed Amendment No.3 and Exhibit B of the Agreement between Frontier
and Level3 and finds it cornpatible with federal and state guidelines. Moreover, Staffbelieves
that this filing is consistent with the pro-competitive policies of this Commission, the ldaho
Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staffrecommends
approval.
COMMISSION DECISION
Does the Commission agree?
/v
/
Carolee
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DECISION MEMORANDUM -2-AUGUST 27,2018
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