20220823Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER ANDERSON
COMMISSIONER CHATBURN
COMMISSIONER HAMMOND
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:JOHAN E.KALALA-KASANDA
RILEY NEWTON
DATE:AUGUST 23,2022
RE:IN THE MATTER OF QWEST CORPORATION'S PETITION FOR
ELIMINATION OF PERFORMANCE ASSURANCE PLAN AND
.PERFORMANCE INDICATOR DEFINITIONS;CASE NO.QWE-T-21-13.
BACKGROUND
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(e)(1).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).
THE APPLICATION
On December 1,2021,Qwest Corporation d/b/a Century Link QC ("Company")
Petitioned the Commission for an order eliminating the Performance Indicator Definitions
("PIDs")and the Performance Assurance Plan ("PAP")portions of its interconnection
agreements ("ICAs")with each Idaho competitive local exchange carrier ("CLEC").
On February 4,2022,the Commission issued a Notice of Petition and Notice of Modified
Procedure.Order No.35310.Commission Staff ("Staff")filed comments on February 25,2022.
The Company did not respond.
On April 21,2022,the Commission approved the Company's petition and ordered it to
file,by July 1,2022,all ICAs that had been amended by removing the PIDs and PAPs.Order
No.35379.
DECISION MEMORANDUM -1 -AUGUST 23,2022
On May 12,2022,the Company filed a petition entitled,"Compliance with Order
No.35379 or,in the Alternative,Request for Clarification or Reconsideration"("Petition")
requesting the Commission accept its Petition as the Company's compliance with Order
No.35379 or,in the alternative,clarify or reconsider Order No.35379.
On June 9,2022,the Commission issued Order No.35426 therein clarifying Order
No.35379 and finding that the Company's Petition complied with its directive in Order
No.35379.However,whilethe Commission acknowledged that the Company complied with its
directive,it also noted the Company's statement that it had not filed amendments relating to the
FCC forbearance petition that was the subject of Case No.QWE-T-20-02.Furthermore,the
Commission acknowledged the Company's assurance in the Petition that it "still intend[ed]to file
the amendments"due under the FCC requirements by August 1,2022.Order No.35426 at 4.
The Commission directed the Company,consistent with Order No.34766,to file the amendments
relating to the FCC forbearance petition by August 1,2022.In Compliance with this Commission
directive,the Company filed the amendments as herein attached,as Attachment A.
STAFF ANALYSIS
Staff has reviewed the Compliance Filing and believes the amendments filed by the
Company are consistent with the Commission Orders,FCC orders and pro-competitive policies
of this Commission,the Idaho Legislature,and the federal Telecommunications Act.
Accordingly,Staff recommends Commission approval of the petition for the amended
interconnection agreements.
COMMISSION DECISION
Does the Commission wish to approve this Compliance Filing?
EÏ Kalala-Kasanda
Udmemos/QWE-T-21-13 Compliance Forbearance Decision Memo
DECISION MEMORANDUM -2 -AUGUST 23,2022
Qwest Corporation dba CenturyLink QC
Application for Approval of Amendment to,or
Interconnection Agreement with:
CLEC Amendment I ICA Per FCC Order
AIRUS FCC Modernizing FCC Compliant
AT&T Corporation FCC Modernizing FCC Compliant
CenturyLink
Communications,LLC FCC Modernizing FCC Compliant
Contact
Communications Inc.FCC Modernizing FCC Compliant
Contact
Communications Inc.UNE Resale FCC Compliant
Easton Telecom '
Services,LLC Resale Forbearance FCC Compliant
EnTelegentSolutions
Inc FCC Modernizing FCC Compliant
Metropolitan
Telecommunication of
Idaho Inc.Resale Forbearance FCC Compliant
Level 3
Communications FCC Modernizing FCC Compliant
Level 3 Telecom FCC Modernizing FCC Compliant
MCimetro Access
Transmission Services
LLC FCC Modernizing FCC Compliant
QWE-T-21-13
Decision Memo
Attachment A
08/23/22 Page 1 of 5
Qwest Corporation dba CenturyLink QC
Application for Approval of Amendment to,or
Interconnection Agreement with:
CLEC Amendment /ICA Per FCC Order
MCimetro Access
Transmission Services
LLC UNE Resale FCC Compliant
QuantumShift
Communications,Inc.FCC Modernizing FCC Compliant
QuantumShift
Communications,Inc.
dba vCom Solutions UNE Resale FCC Compliant
RCLEC,Inc.FCC Modernizing FCC Compliant
RCLEC,Inc.UNE Resale FCC Compliant
Spectrotel,Inc.FCC Modernizing FCC Compliant
Teleport
Communications
America,LLC FCC Modernizing FCC Compliant
Teliax,Inc.FCC Modernizing FCC Compliant
Teliax,Inc.UNE Resale FCC Compliant
Wide Voice,LLC UNE-Resale FCC Compliant
Wide Voice,LLC FCC Modernizing FCC Compliant
QWE-T-21-13
Decision Memo
Attachment A
08/23/22 Page 2 of 5
Qwest Corporation dba CenturyLink QC
Application for Approval of Amendment to,or
Interconnection Agreement with:
CLEC Amendment /ICA Per FCC Order
ACN Communications
Services LLC FCC Modernizing FCC Compliant
ACN Communications
Services LLC UNE/Resale FCC Compliant
Bandwidth.com FCC Modernizing FCC Compliant
Bandwidth.com UNE Resale FCC Compliant
BCN Telecom,Inc.FCC Modernizing FCC Compliant
Bullseye Telecom,Inc.FCC Modernizing FCC Compliant
Clear Rate ICA Adoption
Communications Inc.Agreement FCC Compliant
dishNET Wireline UNEIResale FCC Compliant
dishNET Wireline FCC Modernizing FCC Compliant
Ednetics Inc FCC Modernizing FCC Compliant
Electric Lightwave UNEIResale FCC Compliant
Farmers Mutual
Telecom UNEIResale FCC Compliant
Farmers Mutual
Telecom FCC Modernizing FCC Compliant
QWE-T-21-13
Decision Memo
Attach ment A
08/23/22 Pag:3 of 5
Qwest Corporation dba CenturyLink QC
Application for Approval of Amendment to,or
Interconnection Agreement with:
CLEC Amendment /ICA Per FCC Order
Integra Telecom UNE/Resale FCC Compliant
Intrado
Communications LLC FCC Modernizing FCC Compliant
Intrado
Communications LLC UNE Resale FCC Compliant
Intrado Safety
Communications,Inc FCC Modernizing FCC Compliant
Intrado Safety
Communications,Inc UNE Resale FCC Compliant
Project Mutual
TelephoneCooperative
Assoc.FCC Modernizing FCC Compliant
Project Mutual
TelephoneCooperative
Assoc.UNEIResale FCC Compliant
Interconnection
Simwood Inc.Agreement FCC Compliant
Time Warner Cable Interconnection
Information Services Agreement FCC Compliant
XO Communications
Services,LLC UNE Resale FCC Compliant
XO Communications
Services,LLC FCC Modernizing FCC Compliant
YMAX Communications
Corp.UNE/Resale FCC Compliant
YMAX Communications
Corp.FCC Modernizing FCC Compliant
QWE-T-21-13
Decision Memo
Attach ment A
08/23/22 Pag3 4 of 5
CenturyTel of Idaho I CenturyTel of the Gem State dba
CenturyLink
Application for Approval of Amendment to,or Interconnection
Agreement with:
CLEC Amendment I ICA Per FCC Order
Interconnection
Simwood Inc.Agreement FCC Compliant
QWE-T-21-13
Decision Memo
Attachment A
08/23/22 Page 5 of 5