20221122Decision 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 22,2022
RE:IN THE MATTER OF QWEST CORPORATION DBA CENTURYLINK
QC'S APPLICATION FOR APPROVAL OF AN AMENDMENT TO THE
INTERCONNECTION AGREEMENT WITH LEVEL 3
COMMUNICATIONS LLC FOR THE STATE OF IDAHO;
CASE NO.QWE-T-22-09.
On August 1,2022,Qwest Corporation dba CenturyLinkQC ("CenturyLink")filed an
application ("Application")to the Idaho Public Utilities Commission ("Commission")seeking
approval of an Amendment to the Interconnection Agreement with Level 3 Communications
LLC ("Amended Agreement").This is the LIS Facility PVU Amendment ("Amendment")
which modifies the terms,covenants,and conditions of the LIS facility PVU,as illustrated in
Exhibit A attached to the Application.
The initial Interconnection Agreement was approvedby the Commission on May 22,
2002,under Order No.29033 in Case No.QWE-T-02-08 (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)(1).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
DECISIONMEMORANDUM -1 -NOVEMBER 22,2022
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).
As the Commission noted in Order No.28427,companies that voluntarily enter 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 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.CenturyLinkasserts that this Amended Agreement modifies the
terms,conditions,and covenants,associated with the LIS facility PVU.
Staff reviewed the Amended Agreement between the parties and believes that it 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 1996.Staff
recommends that the Commission approve the Amended Interconnection AgreementApplication
as filed.
COMMISSION DECISION
Does the Commission wish to approve this Application?
Johan E.Kalala-Kasanda
Udmemm/QWE-T-22-09Amendment to the Interamnection Agreement with Level 3 Commumcattom LLC
DECISION MEMORANDUM -2 -NOVEMBER22,2022