20231024Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
LEGAL
FROM:JOHAN E.KALALA-KASANDA
ADAM TRIPLETT
DATE:OCTOBER 24,2023
RE:IN THE MATTER OF THE APPLICATION OF QWEST CORPORATIONDBACENTURYLINKQCFORAPPROVALOFANAMENDMENTTO
INTERCONNECTION AGREEMENT WITH TIME WARNER CABLE
INFORMATION SERVICES (IDAHO),LLC;CASE NO.QWE-T-23-03.
On August 16,2023,Qwest Corporation dba CenturyLinkQC ("CenturyLink")
submitted an application ("Application")to the Commission seeking Commission approval of an
Amendment to the Interconnection Agreement that was approvedon September 1,2022,in Case
No.QWE-T-21-13 (the "Agreement").Order No.35519.CenturyLinkstates that this
Amendment was reached through voluntarynegotiations without resort to mediation or
arbitration.The amendment to the Agreement adds terms and conditions for Interconnection
operations support systems,billing support systems,and local number portability.This is set
forth in Attachment 1 to the amended Agreement.
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 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).
DECISION MEMORANDUM -1 -OCTOBER 24,2023
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 l1.
Likewise,the FCC stated 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 Part 51."47 C.F.R.§51.3.
STAFF RECOMMENDATION
Staff reviewed the Application and the amended Agreement and believes the amended
Agreement is consistent with the FCC orders and pro-competitive policies of the Commission,
the Idaho Legislature,and the federal Telecommunications Act.Accordingly,Staff recommends
Commission approval of CenturyLink'sApplication for an Interconnection Agreement.
COMMISSION DECISION
Does the Commission wish to approve this Agreement?
Jo an E.Kalala-Kasanda
Udmemos /QWE-T-23-03 Decision Memo -Amendment ICA _QWEand Timewarner
DECISION MEMORANDUM -2 -OCTOBER 24,2023