20170822Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
LEGAL
WORKING TILE
FROM: CAROLEE IIALL
DATE: AUGUST 14,2017
RE:APPLICATION FOR APPROVAL OF AN INTtrRCONNECTION
AGREEMENT BETWEEN QWAST C:ORI'ORATTON DBA
CENTURYLINK QC AND COMCAST PIIONE OT IDA}IO, LLC. CASE
NO. QWE-T-L7-02.
BACKGROUNI)
On August 11,2077, this Commission received an Application seeking approval for an
Interconnection Agreement between CenturyLink QC and Comcast Phone of ldaho, LLC.
Under the provision of the federal Telecornmunications Act of 1996, interconnection
agreements must be submitted to the Cornmission for approval. 47 U.S.C. $ 252(e)(l). The
Commission may rcject an agreement adopted by negotiations only if it linds that the agreemcnt:
( 1) discriminates against a telecommunications carrier not a party to the agreement; or (2)
implementation of the agreement is not consistent rvith the public interest, convenience and
necessity. 47 U.S.C. $ 252(e)(2)(A). As thc Commission notcd in Ordcr No.28427 , companies
vohurtarily entering intcr interconnection agreements "may negotiate terms, prices and conditions
that do not comply with either thc 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.I].R, $ 51.3,
-1-DECISION MEMORANDUM AUGUST 14,2017
DISCUSSION
The Application states that the agreement was reached through voluntary negotiations
without resort to mediation or arbitration and submitted for approval pursuant to Section 252(e)
of the Communications Act of 1934, as amended by the Telecommunications Act of 1996. The
agreement sets out rates, terms and conditions for interconnection, [Jnbundled Network Elements
(UNE), ancillary services and resale of telecommunications services.
STAFF ANALYSIS
Staff has reviewed the Application between the parties and believes that it meets the
terms and conditions of this Commission and is consistent with the pro-competitive policies of
this Commission and the Idaho Legislature. Staff recommends approval of the Agreement,
COMMISSION DECISION
Does the Comrnission agree?
i:udmemos/QWE-T-17-02 Qwest Corporation dba, Ccnturylink QC ard Comca$ Phone of ldaho, LLC
DE,CISION MEMORANDUM a AUGUS'| t4,2017
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