20240723Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: JOHAN E. KALALA-KASANDA
MICHAEL DUVAL, DEPUTY ATTORNEY GENERAL
DATE: JULY 23, 2024
RE: IN THE MATTER OF THE APPLICATION OF CENTURYLINK'S
APPLICATION FOR APPROVAL OF THE COMMERCIAL MOBILE
RADIO SERVICES AGREEMENT WITH GOLD STAR
COMMUNICATIONS, LLC DBA SILVER STAR COMMUNICATIONS
FOR THE STATE OF IDAHO; CASE NO. CGS-T-24-01.
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 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 5 L" 47 C.F.R. § 51.3.
DECISION MEMORANDUM - 1 - JULY 23, 2024

THE APPLICATION
On June 12, 2024, CenturyTel of the Gem State, Inc. dba CenturyLink and CenturyTel of
Idaho, Inc. dba CenturyLink(individually and collectively, "CenturyLink") submitted an
application ("Application") to the Commission seeking Commission approval of the Commercial
Mobile Radio Services ("CMRS") Agreement by and between CenturyLink and Gold Star
Communications, LLC dba Silver Star Communications for the State of Idaho ("Agreement").
CenturyLink stated that this CMRS Agreement was reached voluntarily through voluntary
negotiations without resorting to mediation or arbitration. Application at 1.
The CMRS Agreement establishes the terms, the conditions, and the pricing pertaining to
the interconnection of the networks of the signees. It establishes a two-way traffic so that
customers of each signee can place and receive calls that originate from or terminate to a CMRS
carrier which originate on one Part network and terminate on the other network. Agreement at 4.
STAFF REVIEW AND RECOMMENDATION
Staff has reviewed the Application and believes the CMRS 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's Application for an Interconnection Agreement.
COMMISSION DECISION
Does the Commission wish to approve this Agreement?
ohan E. Kalala-Kasanda
Commission Staff
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DECISION MEMORANDUM - 2 - JULY 23, 2024