20171117Decision Memo.pdf

RE:
DECISION MEMORAI\DUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLf,E HALL
NOVEMBER7,2017DATE:
APPLICATION FOR APPROYAL OF AN AME}IDMENT TO A}I
INTERCONNECTION AGREEMENT BETWEEN QWEST
C0RP0RATION DBA CENTURYLINK QC AND WIDE VOICE, LLC.
CASE NO. QWE-T-16-06.
BACKGROUND
On November 3, 2017, this Commission received an Application seeking approval for an
Amendment to an Interconnection Agreement between Centurylink QC and Wide Voice, LLC.
The original Agreement was approved by the Idaho Public Utilities Commission on
October 4,2016. See Order No. 33632.
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(eXl). The
Comrnission may reject an agreemetrt 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(eX2)(A). As the'Commission noted in OrderNo.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 I I (ernphasis 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 5l]."
47 C.F.R. $ 51.3.
1DECISION MEMORANDUM NOVEMBER7,2017
DISCUSSION
The Application states that the agreement was reached througb voluntary negotiations
without resort to mediation or arbination 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 terms and conditions under which CLEC exchanges taffic
with Centurylink as set forth in Attachment I to the Amendment.
STAT'T' AIYALYSIS
Staffhas reviewed the Application between the parties and believes that it meets the
tenns and conditions of this Commission and is consistent with the pro-competitive policies of
this Commission and the Idaho Legislature. StaJf recommends approval of the Amended
Agreement.
COMMISSION DECISION
Does the Commission agree?
Hall
i:udmcmos/QWE-T-16-06 Qwest Corporation dba. Ccrturylink QC and Wide Voioe, LL,C
DECISION MEMORANDUM 2 NOVEIVTBERT,2OIT