20221025Decision 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 25,2022
RE:IN THE MATTER OF QWEST CORPORATION DBA CENTURYLINK
QC'S APPLICATION FOR APPROVAL OF AMENDMENT TO
INTERCONNECTION AGREEMENT WITH WIDE VOICE,LLC-CLEC
ROUTING OF TRAFFIC -FOR THE STATE OF IDAHO;
CASE NO.QWE-T-22-03.
On July 27,2022,Qwest Corporation dba CenturyLinkQC ("CenturyLink")submitted
an application to the Idaho Public Utilities Commission ("Commission")seeking approval of an
Amendment to the Interconnection Agreement with Wide Voice,LLC ("Amended Agreement").
In particular,this Amendment ("Amendment")is to set the conditions under which the Parties
may use a Third-Party Transit Provider to exchange traffic between their networks (see
Attachment 1).
The initial Interconnection Agreement was approvedby the Commission on October 20,
2016,under Order No.33632 (the "Agreement").A subsequent Amendment to this initial
Agreement was made on November 3,2017,under Order No.33962.CenturyLinkrequests that
the matter be placed on the Commission's regular agenda for expedited approval.
DECISIONMEMORANDUM -1 -OCTOBER 25,2022
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)(l).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).
As the Commission noted 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 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 with the requirements of Part 51."47 C.F.R.§51.3.
STAFF DISCUSSION AND 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 and conditions
under which the parties may use a Third-Party Transit Provider to exchange traffic between
them,as outlined in Attachment 1 to the Amendment.
Staff reviewed the Amended Agreement between the parties and believes that the new
agreement complies with sections 7.2.1.1 and 7.3.1 of the Agreement that requires an
amendment before such an exchange.More importantly,the Amended Agreement is consistent
with the terms and conditions of this Commission,the pro-competitive policies of this
Commission,the Idaho Legislature,and the Federal Telecommunications Act of 1966.
Accordingly,Staff recommends Commission approval of the Amended Interconnection
Agreement.
DECISION MEMORANDUM -2 -OCTOBER 25,2022
COMMISSION DECISION
Does the Commission wish to approve this Application?
Jo an E.Kalala-Kasanda
Udmemos/QWE-T-22-03 Interconnection Agreement with Wide Voice LLC
DECISIONMEMORANDUM -3 -OCTOBER 25,2022