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 QWEST CORPORATION
DBA CENTURYLINK QC FOR APPROVAL OF THE
INTERCONNECTION AGREEMENT WITH CUSTER TELEPHONE
COOPERATIVE, INC. DBA CUSTERTEL WIRELESS FOR THE STATE
OF IDAHO; CASE NO. QWE-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 May 28, 2024, Qwest Corporation dba CenturyLink QC ("CenturyLink") submitted
an application("Application") to the Commission seeking Commission approval of an
Interconnection Agreement, along with the Type 2 Wireless Interconnection' Agreement, by and
between CenturyLink and Custer Telephone Cooperative, Inc. dba CusterTel Wireless
("CusterTel Wireless") for the State of Idaho ("Agreement"). CenturyLink stated that they
reached this Agreement voluntarily. Application at 1.
This Agreement establishes the terms, conditions, and pricing under which CenturyLink
will provide to any requesting CusterTel Wireless network interconnection and ancillary services
within the geographical areas in which both CenturyLink is providing local Exchange Service at
that time, and for which CenturyLink is the incumbent Local Exchange Carrier within the state
of Idaho for purposes of providing local two-way Wireless Services. Agreement at 1.
STAFF REVIEW AND RECOMMENDATION
Staff has 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's Application for an Interconnection Agreement.
COMMISSION DECISION
Does the Commission wish to approve this Agreement?
f
Bohan E. Kalala-Kasanda
Commission Staff
L\Uti1ity\UDMEM0S\QWE-T-24-01 Decision Memo.docx
' Type 2 Wireless Interconnection is a trunk interconnecting the local exchange carrier("LEC")Central Office with
a commercial mobile radio service("CMRS")Provider's Mobile Switching Center. This type of connection is used
for exchanging Local Traffic or terminating wireless to wireline interMTA traffic. Wireless Type 2 Interconnection
Service(Type 2)provides routing of traffic between your end-user and CenturyLink's end-user.
DECISION MEMORANDUM - 2 - JULY 23, 2024