20241119Decision Memo.pdf

DECISION MEMORANDUM
TO: COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM: JOHAN E. KALALA-KASANDA
DAYN HARDIE,DEPUTY ATTORNEY GENERAL
DATE: NOVEMBER 19, 2024
RE: IN THE MATTER OF QWEST CORPORATION DBA CENTURYLINK
QC'S APPLICATION FOR APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH CUSTER TELEPHONE
COOPERATIVE, INC. DBA CUSTERTEL WIRELESS FOR THE STATE
OF IDAHO; CASE NO. QWE-T-24-04.
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 Federal Communications Commission("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 - NOVEMBER 19, 2024

THE APPLICATION
On November 1, 2024, Qwest Corporation dba CenturyLink QC ("CenturyLink") applied
for Commission approval of an Amendment to its Interconnection Agreement with Custer
Telephone Cooperative, Inc. dba CusterTel Wireless for the State of Idaho ("Agreement").
CenturyLink seeks to add terms and conditions for Mid-Span Meet POII as established in
Attachment 1 to the Application("Amendment"). CenturyLink confirmed that this Amendment
to the Agreement was reached through voluntary negotiations without resort to mediation or
arbitration and is submitted for approval pursuant to Section 252(e) of the Communications Act
of 1934, as amended by the Telecommunications Act of 1996. Application at 1.
STAFF REVIEW AND RECOMMENDATION
Staff has reviewed the Application and believes the Agreement as amended 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 Amendment of an Interconnection Agreement.
COMMISSION DECISION
Does the Commission wish to approve the Amendment to this Agreement?
C* /1,
QkAe__&
Johan E. Kalala-Kasanda
Commission Staff
I:\Uti1ity\UDMEM0S\QWE-T-24-04 Decision Memo.docx
'A Mid-Span Meet POI is a negotiated Point of Interface,limited to the Interconnection of facilities between the
CenturyLink Serving Wire Center location and the location of the CusterTel Wireless switch or other equipment
located within the area served by the CenturyLink Serving Wire Center.
DECISION MEMORANDUM - 2 - NOVEMBER 19, 2024