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HomeMy WebLinkAbout20190802Decision Memo.pdfDECISION MEMORANDUM TO COMMISSIONEII KJELI,ANI}ER COMMISSTONNR RAPER COMN{ISSIONER ANDERSON COMMISSION SECRETARY LEGAL WORKTNC FII-[ FROM: CAROLEE HALL I)ATli: AtlGt.rST 1,2019 RE:APPLICATION FOR APPROVAL OF AN AMENDMENT TO AN I NTERCONNIIICTI Oi'.I AG REEMENT BETWE EN QWEST CORPORATION DBA CEIYTT]ITYLINK QC AND XO COMIvIUNICATIOI\ SERVICES, LLC; CASE NO. QWE-T-19-06 ORIGINALLY APPROVED IN CASE NO. QWE-T-08-05. BACKGROUND Under the provision of the lederal Telecommunications Act of 1996. interconnection agreements nrust be submitted to the Commission for approval. 47 U.S"C. $ 252(eXl). 'l'he Commission may reject an agreement adopted by negotiations only if it finds that fte agreement: ( l) discriminates against a telecommunications carrier not a parly to the agreement; or (2) implenrentation of the agreement is not consistent with the public interest, convenience and necessity. 47 U.S.C. sc 252(eX2)(A). As thc Comnrission noted in Order No. 28427, companies voluntarily entcring into interconnection agreements "may negotiate terms. prices and conditions that do not compl!' rvith either the FCC rules or rvith the provision of Section 251 (b) or (c)." Order No. 28427 at I L This comports rvith the FCC's statement that "a state commission shall have authority to approve an interconnection agreomsnt adopted by negotiation evcn if the tenns of the agreement do not comply rvith the requirements of [Part 5l]." 47 C.F.R. $ 51.3. CURRENT APPI,ICATION On July 25^2019 this Conimission receir,ed an Application liom Centurylink QC requesting authority to amend its Interconnection Agreement rvith XO Communication Services, LLC originally filed under Case No. QWE-T-08-05. fhe original Agreement was approved by this Comnrission on July 3, 2008 under Order No. 30589. I )l1C I S ION N{ BN{ORANDUM AUGUS"I' I.20I9-l- With this filing the parties seek Commission approval to amend its original filing that providcd lor Reciprocal Compensation to Bill and Keep. The agreement states in the Applicatiorr that both parties request an expeditious approval process and maintain that the Agreement rvas reached through vclluntary negotiations. STAFF ANALYSIS Staff has revierved the Application to amend the Interconnection Agreement between the conrpanies. Staff is confident that the amenclment meets the terms and conditions of this Conrmission and believes it is consistent rvith the pro-competitivc policies of this Commission, the ldaho [,cgislature. and tlre federal Telecommunications Act of 1996. Accordingly, Staf1 believes that this frling merits the Commission's approval. COMMISSION DECISION Does the Cornmission wish 10 approve Centurylink's amendment to its Interconnection Agreement u,ith XO Communication Services, LLC? i:udnrernos/(l\\'l.i-'f-lr-06 []cts,ecn Qrvrst Corp Century l.ink QC and X0 Comrnunicirtion Sr:rviccs. Ll-C. Ftall DIICISION MIMORi\NDUM -?-AUCUST 1,2{}lq