20221107Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER ANDERSON
COMMISSIONER CHATBURN
COMMISSIONER HAMMOND
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:JOHAN E.KALALA-KASANDA
RILEY NEWTON
DATE:NOVEMBER 7,2022
RE:IN THE MATTER OF QWEST CORPORATION DBA CENTURYLINK
QC'S APPLICATION FOR APPROVAL OF AN AMENDMENT TO THE
INTERCONNECTION AGREEMENT WITH CONTACT
COMMUNICATIONS,INC.FOR THE STATE OF IDAHO;
CASE NO.QWE-T-22-05.
On July 20,2022,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 Contact Communications Inc.("Amended
Agreement").This is the Batch Hot Cut Removal Amendment ("Amendment")which removes
the terms,conditions,and rates for Batch Hot Cut (see Attachment No.1 to the Application).
The original Interconnection Agreement was approved by the Commission on January
29,2003,under Order No.29186 in Case No.QWE-T-03-03 (the "Agreement").CenturyLink
requests that the matter be placed on the Commission's regular agenda for expedited approval.
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:"(i)the
agreement (or portion thereof)discriminates against a telecommunications carrier not a party to
the agreement;or (ii)the implementation of such agreement or portion is not consistent with the
public interest,convenience,and necessity."47 U.S.C.§252(e)(2)(A).
DECISION MEMORANDUM -1 -NOVEMBER 7,2022
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 authorityto approve
an interconnection agreement adopted by negotiation even if the terms of the agreement do not
comply with the requirements of this part."47 C.F.R.§51.3.
STAFF DISCUSSION AND RECOMMENDATION
CenturyLinkstates that the Amended Agreement was reached through voluntary
negotiations without resorting 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.Additionally,CenturyLinkasserts that this Amended Agreement
removes terms,conditions,and rates for Batch Hot Cut from the Agreement as outlined in
Attachment No.1.
Staff reviewed the Amended Agreement between the parties and believes that the new
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.Therefore,Staff recommends that the Commission approves the Amended
Interconnection Agreement application as filed.
COMMISSION DECISION
Does the Commission wish to approve this Application?
Jolian E.Kalala-Kasanda
Udmemos/QWE-T-22-05 Interconnection Agreement with Contact Communications,Inc.
DECISION MEMORANDUM -2 -NOVEMBER 7,2022