20180223Decision Memo.pdf

TO:
FROM:
DATE:
DECISION MEMORANDIJM
COMNdISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMIVtrSSION SECRETARY
LEGAL
WORKING ['ILE
CAROLf,E HALL
FEBRUARY 22,2018
RE:APPLICATION FOR APPROVAL OF AN AMENDMENT TO AN
INTERCONI\TECTION AGREEMENT BETWEEN QWEST
CORPORATION DBA CENTURYLTNK QC AND COMMIO, LLC.
CASE NO. QWE-T-16-04.
BACKGROTJND
On February 15, 2018, this Commission received an Application seeking approval for an
Amendment to an Interconnection Agreement between CenturyLink QC and Cummio, LLC.
The original Agreement was approved by the Idaho Public Utilities Commission on June 7,
2016. See OrderNo. 33353.
Under the provision of the federal Telecommunications Act of 1996, interconnection
agroements must be submitted to the Commission for approval. 47 U.S.C. $ 252(eXl). 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 agrcements "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 1 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. $ s1.3.
DECISION MEMORANDUM FEBRUARY 22,2018-l-
DISCUSSION
The Application states that the agreement was reached through voluntary negotiations
without resort to mediation or arbihation and submitted for approval pursuant to Section 252(e)
of the Communications Act of 1934, as amended by the Telecommunications Act of 1996. The
Amended application sets out specific conditions under which the Parties may use a Third Party
Transit Provider to exchange traffrc between their networks. See Attachment L
STAF'tr'ANALY$S
Staff has reviewed the Application between the parties and believes that it meets the
terms and conditions ofthis Commission and is consistent with the pro-competitive policies of
this Commission and the ldaho Legislature. Sta{f recommends approval of the Amended
Agreement.
COMMISSION DECISION
Does the Commission agrer?
i:udmcmos/QWE-T-16-04 Qwest Corporation dba. Centurylink QC ard Cummio, LLC
DECISION MEMORANDUM .,FEBRUARY 22,2018
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