20221122Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER ANDERSON
COMMISSIONER CHATBURN
COMMISSIONER HAMMOND
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:JOHAN E.KALALA-KASANDA
MICHAEL DUVAL
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 METROPOLITAN
TELECOMMUNICATIONS OF IDAHO,INC.FOR THE STATE OFIDAHO;CASE NO.QWE-T-22-14.
On October 12,2022,Qwest Corporation dba CenturyLinkQC ("CenturyLink")filed an
Application with the Idaho Public Utilities Commission ("Commission")seeking approval of an
Amendment to the Interconnection Agreement with Metropolitan Telecommunications of Idaho,
Inc.("Amended Agreement").The FCC Modemizing Unbundlingand Resale Requirements
Amendment ("Amendment")adds additional terms and conditions to the Agreement for
Unbundled NetworkElements ("UNEs")as outlined in Attachment 1 and Exhibit A to the
Application.
The original Interconnection Agreement between the parties was approved by the
Commission on May 5,2005,under Commission Order No.29776 in Case No.QWE-T-05-05
(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)(l).The
Commission may reject an agreement adopted by negotiationsonly if it finds that:"(i)the
DECISIONMEMORANDUM -]-NOVEMBER 22,2022
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).
As the Commission noted in Order No.28427,companies that voluntarily enter 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 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 DISCUSSIONAND 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.Staff believes that the Amended
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,Staffrecommends that the Commission approves the Application as filed.
COMMISSION DECISION
Does the Commission wish to approve this Application?
Á E.ialala-Kasan
Udmemos/QWE-T-12-14 Amendment to the Interconnection Agreement with Metropolitan TelecommunicationsOffdaho Inc
DECISION MEMORANDUM -2 -NOVEMBER 22,2022