20161104Decision Memo.pdf

TO:
FROM:
DATE:
RE:
DECISION MEMORANDUM
COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
LEGAL
WORKING FILE
CAROLEE HALL
OCTOBER 28, 2016
APPLICATION FOR APPROVAL OF A TYPE II WIRELESS
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION D.B.A CENTURYLINK ("CENTURYLINK") AND
ONVOY SPECTRUM, LLC. ("ONVOY"). CASE NO. QWE-T-16-07.
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 October 19, 2016, Century Link submitted its Application for approval of an
Interconnection Agreement with Onvoy. This Interconnection Agreement sets forth the terms,
DECISION MEMORANDUM -l -OCTOBER 28, 2016
conditions and pricing under which CenturyLink will provide network interconnection and
ancillary services to Onvoy.
STAFF ANALYSIS
Staff has reviewed the Application for and Interconnection Agreement between the
parties and does not find any terms or conditions that it considers to be discriminatory or
contrary to the public interest. Staff believes that the Agreement is consistent with the public
interest as identified in 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?
u/chnll/dccision memo/Interconnection -wireless nnd paging/ QWE-T-16-07 QWEST DBA CENTURYLINK nnd ONVOY SPECTRUM, LLC
DECISION MEMORANDUM ·2 -OCTOBER 28, 2016