20190906Decision Memo.pdf

IIE
DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM: DANIEL KLEIN
DATE: SEPTEMBER 5,2019
APPLICATION FOR APPROVAL OF AN AMMENDMENT TO AN
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION DBA CENTURYLINK QC AND TELIAX, INC.; CASE
NO. QWE-T-r9-04.
BACKGROUND
On August 21,2019 this Commission received an Application seeking approval for an
Amendment to an Interconnection Agreement between Qwest Corporation and Teliax, Inc. The
original Agreement was approved b1' the Idaho Public Utilities Commission on August 12,2A19
See Order No. 34407.
Under the provisions of the lbderal Telecommunications Act of 1996. interconnectioll
agreenlents must be subnritted tr.r the Cornntission for approyal. 47 U.S.C. $ 252(e)(l). Ihe
Commission may reject an agreernent adopted bl,negotiations onll,if it frnds that the agreenlent:
( I ) discriminates against a telecommunications carrier not a party to the agreementl or (2)
implementation of the agreement is rTot consistent rvith the public interest. convenience and
necessity. 47 U.S.C. $ 252(e)(2)(A). As the Commission noted in Order No. 32034. companies
voluntarily entering into interconnection agreement "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 l. 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 u,ith the requirements of [Par1 511." 47 C.F.R. S 51.3.
DECISION MEMORANDUI\4 SEPTEMBER 5.2019
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
Amended Application sets out to add specific terms and conditions under which the CLEC
exchanges traffi c with Centurylink.
STAFF ANALYSIS
Staffhas reviewed the Application and believes the agreement is consistent with the FCC
orders and pro-competitive policies of this Commission, the Idaho Legislature, and the federal
Telecommunications Act. Accordingly, Staff recommends Commission approval of the
Amended Application for an interconnection agreement.
COMMISSION DECISION
Does the Commission wish to approve this Amended Application?
Daniel Klein
Udmemos/QWE-T- I 9-04 Anrended Interconnection Agreement
DECISION MEMORANDUM .'SEPTEMBER 5,20I9