20200612Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER zuELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
LEGAL
WORKING TILE
FROM: DANIEL KLEIN
DATE: JUNE 10,2020
RE:APPLICATION FOR APPROVAL OF AN AMMENDMENT TO AN
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION DBA CENTURYLINK QC AND BULLSEYE
TELECOM, INC. CASE NO. QWE-T-20-03.
BACKGROUND
On May 19,2020, this Commission received an Application seeking approval for an
Amendment to an Interconnection Agreement between Qwest Corporation and BullsEye
Telecom, Inc. The original Agreement was approved by the Idaho Public Utilities Commission
on November 23,2004. See Order No. 29640.
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.S.C. $ 252(eXl). The
Commission may reject an agreement adopted by negotiations only if it finds that the agreement:
( I ) 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. 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 I I (emphasis in original). This comports with rhe FCC's starement rhat "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 ]."
47C.F.R.$s1.3.
DECISION MEMORANDUM JUNE IO,2O2O
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. This
agreement amends the Unbundled Network Elements (UNEs) - Resale Forbearance Amendment
to the interconnection Agreement ("Amendment") between CenturyLink and BullsEye Telecom,
Inc.
STAFT ANALYSIS
Staff has 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
Application for an interconnection agreement.
COMMISSION DECISION
Does the Commission wish to approve this Application?
(
Daniel Klein
Udmemos/GWE-T-20-03 Anended lnterconncction Agreement Bul lsrye dec nrmo
DECISION MEMORANDUM -2-JUNE IO,2O2O