20221011Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER ANDERSON
COMMISSIONER CHATBURN
COMMISSIONER HAMMOND
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:JOHAN E.KALALA-KASANDA
RILEY NEWTON
DATE:OCTOBER 11,2022
RE:IN THE MATTER OF QWEST CORPORATION DBA CENTURYLINK
QC'S APPLICATION FOR APPROVAL OF THE INTERCONNECTION
AGREEMENT WITH WIDE VOICE,LLC FOR THE STATE OF IDAHO;
CASE NO.QWE-T-22-02.
On July 27,2022,Qwest Corporation dba CenturyLinkQC ("CenturyLink")submitted
an application to the Idaho Public Utilities Commission ("Commission")seeking approval for an
Amendment to an Interconnection Agreement,along with the Third-Party Transit Provider
Amendment,with Wide Voice,LLC ("Amended Agreement").The original Agreement was
approved by the Commission on October 4,2016.See Order No.33632.A subsequent
Amendment to this original Agreement was made on November 3,2017.See Order No.33962.
CenturyLinkrequests that the matter be placed on the Commission's regular agenda for
expeditedapproval.
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).
DECISION MEMORANDUM -1 -OCTOBER 11,2022
As the Commission found in Order No.28427,companies that voluntarilyenter into
interconnection agreements "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 11.
This finding parallels 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.F.R.§51.3.
STAFF RECOMMENDATION
The Application states that the Amended 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.Application at 1.This Amended Agreement establishes specific terms under which
Third Party Transit Provider exchanges traffic with CenturyLinkas outlined in Attachment 1,
Exhibit A,and Exhibit H to the Amendment.
Staff reviewed the Amended Agreement between the parties and believes that the new
agreement is consistent with the terms and conditions of this Commission,pro-competitive
policies of this Commission,the Idaho Legislature,and the Federal Telecommunications Act of
1966.Accordingly,Staffrecommends Commission approval of the Amended Interconnection
Agreement.
COMMISSION DECISION
Does the Commission wish to approve this Application?
han E.Kalala-Kasanda
Udmemos/QWE-T.22-02 Interconnection Agreement with Wide Voice LLC
DECISION MEMORANDUM -2 -OCTOBER 11,2022