20241029Decision 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: OCTOBER 29, 2024
RE: IN THE MATTER OF THE APPLICATION FOR APPROVAL OF
THE INTERCONNECTION AGREEMENT BETWEEN COLUMBINE
TELEPHONE COMPANY, INC. AND LEVEL 3 COMMUNICATIONS,
LLC. FOR THE STATE OF IDAHO; CASE NO. COL-T-24-01.
On September 26, 2024, Columbine Telephone Company, Inc. ("Columbine") submitted
an application("Application") to the Commission seeking Commission approval of its
Interconnection Agreement("Agreement") with Level 3 Communications, LLC. ("Level 3") for
the State of Idaho. Columbine represented that the Agreement was reached through voluntary
negotiations without resort to mediation or arbitration.
Columbine stated that this Agreement establishes the methodology for the exchange of
and compensation for Local Traffic exchanged indirectly via a third-party network or directly via
direct interconnection trunks. It also establishes the methodology for the exchange of and
compensation for traffic originated on the network of a third-party carrier that transits Level 3's
network and is delivered by Level 3 to Columbine for termination. The Agreement supersedes
and terminates all previous agreements,both oral and written,between Columbine 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 FCC rules or with the provisions 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
Columbine's Application for an Interconnection Agreement with Level 3.
COMMISSION DECISION
Does the Commission wish to approve this Agreement?
AEKalala-KasanNdaffi�
Commission Staff
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DECISION MEMORANDUM - 2 - OCTOBER 29, 2024