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 GREENFLY NETWORKS,
INC.FOR THE STATE OF IDAHO;CASE NO.QWE-T-22-13.
On September 2,2022,Qwest Corporation dba CenturyLinkQC ("CenturyLink")filed
an Application to the Idaho Public Utilities Commission ("Commission")seeking approval of an
Amendment to the Interconnection Agreement with GreenflyNetworks,Inc.("Amended
Agreement").This is the Unbundled Network Elements ("UNEs")-Resale Forbearance
Amendment ("Amendment")which adds additional terms and conditions to the agreement for
UNEs and Resale as outlined in Attachment 1 and Exhibit A to the Application.
The original Interconnection Agreement between the parties was approved by the
Commission on February 18,2009,under Commission Order No.30730 in Case No.QWE-T-
09-02 (the "Agreement").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:"(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 voluntarilyenter into
interconnection agreements "may negotiateterms,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.
Staff reviewed the Application and does not find any terms or conditions that it considers
to be discriminatory or contrary to the public interest.Staffbelieves that the new agreement is
consistent with the public interest as identified in the pro-competitive policies of this
Commission,the Idaho Legislature,and the Federal Telecommunications Act of 1996.
Accordingly,Staffbelieves that this amendment to the Agreement merits the Commission's
approval.
COMMISSION DECISION
Does the Commission wish to approve this Application?
o fan E.alala-i½tsan
Udmemos/QWE-T-22-13 Amendment to Interconnection Agreement with Greenfly Networks inc
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