20150403Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER RAPER
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:MARCH 30,2015
RE:JOINT APPLICATION BETWEEN QWEST CORPORATION DBA
CENTURYLINK QC (“CENTURYLINK”)AND IONEX
COMMUNICATIONS NORTH,INC.DBA BIRCH COMMUNICATIONS
(“BIRCH”)FOR APPROVAL OF AN INTERCONNECTION
AGREEMENT BETWEEN THE COMPANIES;CASE NO.QWE-T-15-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
CenturyLink and Birch filed theirjoint Application for an Interconnection Agreement on
March 19,2014.See Case No.QWE-T-15-01.In the Application,the parties state that this joint
DECISION MEMORANDUM -1 -MARCH 30,2015
filing contains rates,terms and conditions for interconnecting their networks.According to the
parties the terms of the Interconnection Agreement were reached through voluntary negotiations
without resort to mediation.This filing also includes Exhibit B (Service Performance Indicators)
and Exhibit K (Performance Assurance Plan)as required by this Commission.
STAFF ANALYSIS AND RECOMMENDATION
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 the
Interconnection Agreement 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 filing merits the Commission’s approval.
COMMISSION DECISION
Does the Commission agree?
i udmemos!Interconnection AgreemenwQwE-T-I5-OI CcnturvLink and lonex Corporations Nonli Inc.dha Birch Communications
Interconnection Agreement
DECISION MEMORANDUM -2-MARCH 30,2015