20240723Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: JOHAN E. KALALA-KASANDA
ADAM TRIPLETT, DEPUTY ATTORNEY GENERAL
DATE: JULY 23, 2024
RE: IN THE MATTER OF THE APPLICATION OF QWEST CORPORATION
DBA CENTURYLINK QC FOR APPROVAL OF AN AMENDMENT TO
ITS INTERCONNECTION AGREEMENT WITH ZAYO GROUP, LLC;
CASE NO. QWE-T-24-03.
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, Qwest Corporation dba CenturyLink QC1 ("CenturyLink") submitted
an application("Application") to the Commission seeking Commission approval of an
Amendment to the original Interconnection Agreement that was approved by the Commission on
March 7, 2006, in Case No. QWE-T-06-02 (the "Agreement"). Order No. 29986. As part of the
Application, CenturyLink submitted the Federal Communications Commission("FCC")
Modernizing Unbundling and Resale Requirements Amendment to the Interconnection
Agreement ("Amendment") between CenturyLink and Zayo Group, LLC ("Zayo2"). Application
at 1.
CenturyLink stated that the Agreement is amended by adding terms and conditions to the
Agreement for Unbundled Network Elements as outlined in Attachment 1, Exhibit A, and
Appendices. Amendment at 1. CenturyLink confirmed that the agreement to amend the
Agreement was reached through voluntary negotiations without resort to mediation or
arbitration. Application at 1.
STAFF REVIEW AND 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's Application for an Amendment be made to
its Interconnection Agreement with Zayo.
COMMISSION DECISION
Does the Commission wish to approve the Amend ent to this Interconnection
Agreement?
Johan E. Kalala-Kasanda
Commission Staff
I:\Uti1ity\UDMEM0S\QWE-T-24-03 Decision Memo.docx
' Staff confirmed that Qwest Corporation is registered as a Foreign Business Corporation with the Idaho Secretary of
State.
2 Staff confirmed that Zayo Group LLC is registered as a Foreign Limited Liability Company with the Idaho
Secretary of State.
DECISION MEMORANDUM - 2 - JULY 23, 2024