20230410Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
LEGAL
FROM:JOHAN E.KALALA-KASANDA
MICHAEL DUVAL
DATE:APRIL 10,2023
RE:IN THE MATTER OF QWEST CORPORATION DBA CENTURYLINK
QC'S APPLICATION FOR APPROVAL OF THE INTERCONNECTION
AGREEMENT WITH WIDE VOICE,LLC FOR THE STATE OF IDAHO;
CASE NO.QWE-T-23-01.
On March 20,2023,Qwest Corporation dba CenturyLinkQC ("CenturyLink"or
"Company")submitted an application to the Idaho Public Utilities Commission ("Commission")
seeking Commission approval of an Interconnection Agreement ("Agreement")by and between
CenturyLinkand Wide Voice,LLC ("Wide Voice")for the State of Idaho.The Agreement
includes terms and conditions for Interconnection,Unbundled Network Elements,and Ancillary
Services between the two companies.CenturyLinkrequests 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 the agreement:
(1)discriminates against a telecommunications carrier not a party to the agreement;or (2)
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 negotiate terms,prices,and conditions that do not comply with
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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 Part 51."47 C.F.R.§51.3.
STAFF DISCUSSIONAND RECOMMENDATION
The Application states that the Agreement was reached through voluntarynegotiations
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 Agreement establishes specific terms and conditions under which the
parties may exchange traffic between them,as outlined in Attachment 1 to the Application.
Staff reviewed the Agreement between the parties and believes that the 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 1934,as
amended by the Telecommunications Act of 1996.Staff recommends Commission approval of
the Amended Interconnection Agreement.
COMMISSION DECISION
Does the Commission wish to approve this Application?
ohan E.Kalala-Kasand
Udmemos/QWE-T.23-01 Interconnection Agreement betwecn Centur>Link and Wide Voice LLC
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