20231017Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
LEGAL
FROM:JOHAN E.KALALA-KASANDA
MICHAEL DUVAL
DATE:OCTOBER 17,2023
RE:IN THE MATTER OF THE APPLICATION OF QWEST CORPORATION
DBA CENTURYLINK QC FOR APPROVAL OF THE
INTERCONNECTION AGREEMENT WITH EARTHGRID PBC DBA
EARTHGRID PBC CORPORATION FOR THE STATE OF IDAHO;
CASE NO.QWE-T-23-04.
On August 24,2023,Qwest Corporation dba CenturyLinkQC ("CenturyLink")
submitted an application ("Application")to the Commission seeking Commission approval of an
Interconnection Agreement by and between CenturyLinkand Earthgrid PBC d/b/a Earthgrid
PBC Corporation for the State of Idaho ("Agreement").CenturyLinkstates that they reached
this Agreement voluntarily.This Agreement establishes the terms,the conditions and the pricing
pertaining to the local interconnections and the exchange of local traffic for the State of Idaho.
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 17,2023
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.
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 believes the Agreement is consistent with the FCC
orders and pro-competitive policies of this 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 n E.Kalala-Kasanda
Udmemos /QWE-T-23-04 Decision Memo -Interconnection Agreement with Earthgrid PBC Corporation.
DECISION MEMORANDUM -2 -OCTOBER 17,2023