20130614Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JUNE1I,2013
RE:APPLICATION FOR APPROVAL OF A CENTURYLINK LOCAL
SERVICES PLATFORM (CLSP)AGREEMENT BETWEEN QWEST
CORPORATLON DBA CENTURYLINK QC (“CENTURYLINK”)AND
NEW HORIZONS COMMUNICATIONS CORPORATION (“NEW
HORIZONS”);CASE NO.QWE-T-13-O1.
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:
(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.
CURRENT APPLICATION
On June 11,2013,this Commission received an Application from CenturyLink
requesting approval of its Centun’Link Local Services Platform (CLSP)Agreement with New
ilorizons.See Case No.QWE-T-13-01.According to the CLSP Agreement,the services
DECISION MEMORANDUM -I -JUNE 11,2013
provided include nondiscriminatory access to all vertical switch features that are loaded in
CenturyLink’s End Office Switch.The CLSP sets out rates,terms and conditions for the
companies to interconnect their services.
As stated in the Application,both parties request an expeditious approval process and
maintain that the Agreement was reached through voluntary negotiations.
STAFF ANALYSIS AND RECOMMENDATLON
Staff has reviewed the Application for the CLSP Interconnection Agreement between
CenturyLink and New Horizons.Staff believes that the Agreement 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 the Agreement merits the Commission’s approval.
COMMISSION DECISION
Does the Commission agree?
:udmemos/CLSP/QWE-T-13-Ol CentunLink and New Ilorizons Communications Corporation
DECISION MEMORANDUM -2-JUNE 11,2013