20241029Decision 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: OCTOBER 29, 2024
RE: IN THE MATTER OF THE APPLICATION FOR APPROVAL OF
THE INTERCONNECTION AGREEMENT ALONG WITH THE
INTERCONNECTION AGREEMENT BETWEEN LEVEL 3
COMMUNICATIONS,LLC ("LUMEN")AND ALBION TELEPHONE
CO. DBA ATC COMMUNICATIONS FOR THE STATE OF IDAHO;
CASE NO. ALB-T-24-02.
On September 5, 2024, Level 3 Communications, LLC ("Lumen") submitted an
application("Application")to the Commission seeking Commission approval of the
Interconnection Agreement by and between Lumen and Albion Telephone Co. dba ATC
Communications ("ATC Communications"), for the State of Idaho ("Agreement").
Lumen confirmed that they reached this Agreement voluntarily. Furthermore, this
Agreement establishes the methodology for the exchange of and compensation for Local Traffic
exchanged directly via direct interconnection trunks. Additionally, it also establishes the
methodology for the exchange of and compensation for traffic originating from the network of a
third-party carrier that transits Level 3's network and is delivered by Level 3 to ATC
Communications for termination. The Agreement supersedes and terminates all previous
agreements, both oral and written, between ATC Communications and Level 3 governing the
exchange of Local Traffic between local exchange carriers.
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
DECISION MEMORANDUM - 1 - OCTOBER 29, 2024

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 Federal Communications Commission ("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 Lumen's
Application for an Interconnection Agreement with ATC Communications.
COMMISSION DECISION
Does the Commission wish to approve this Agreement?
ianKalala-Kasanda
Commission Staff
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