20071105_2096.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER REDFORD
CO MMISSI 0 NER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:CAROLEE HALL
DATE:NOVEMBER 2, 2007
RE:APPLICATION OF CENTURYTEL OF THE GEM ST ATE, INc.,
CENTURYTEL") AND 360 NETWORKS (USA) INC., ("360
NETWORKS") FOR APPROVAL OF A NEGOTIATED LOCAL
INTERCONNECTION AGREEMENT. CASE NO. CGS-07-02.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. ~ 252(e)(I). 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 the agreement is not consistent with the public interest, convenience and
necessity. 47 U.C. ~ 252(e)(2)(A). As the Commission noted in Order No. 28427, companies
voluntarily entering 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 (emphasis in original). This comports with the FCC's statement that "
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.R. ~ 51.3.
CURRENT APPLICATION
CenturyTel of the Gem State, Inc., and 360networks (USA) inc., filed Case No.
CGS-07-2 on October 29 2007. The Application states that the parties have mutually agreed
through voluntary negotiations, to interconnect their networks thereby providing customers with
DECISION MEMORANDUM - 1 -NOVEMBER 2, 2007
increased choices among local telecommunications services. The Agreement sets forth the
terms, conditions and pricing under which CenturyTel will offer and provide to 360networks
interconnection facilities for the purpose of delivering telecommunication services to customers.
The Application further states that CenturyTel is a "rural telephone company" as that term is
defined in the Act, 47 U.C.l53. Pursuant to Section 251 (f)(l) ofthe Act. CenturyTel goes on
to indicate that it is exempt from Section 251 (c ) of the Act. and, that notwithstanding, the
companies have entered into and accepted this Agreement for purposes of exchanging local
traffic. CenturyTel further states that "execution of the Agreement does not in any way
constitute a waiver or limitation of Century Tel's rights under Section 251 (f)(1) or 251 (f)(2) of
the Act" and that the Company, "expressly reserves the right to assert its right to an exemption or
waiver and modification of Section 251 (c ) of the Act, in response to other requests for
interconnection by CLEC or any other carriers.
STAFF ANALYSIS
Staff has reviewed the Application and CenturyTel's statements regarding its claim to
rural exemptions pursuant to Section 251 (f)(1) or 251 (f)(2) of the Act. Staff does not consider
this statement binding or establishing precedence. Such a determination will be made when this
is a claim for a rural exemption on accordance with Section 251 (f) ofthe Act. However, Staff's
review of the interconnection agreement between the parties does not find any terms or
conditions that it considers to be discriminatory or contrary to the public interest.
Staff believes that the Agreement between CenturyTel of the Gem State, Inc., and
360networks (USA) inc., is consistent with the public interest as identified in the pro-competitive
policies ofthis Commission, the Idaho Legislature, and the federal Telecommunications Act of
1996. Accordingly, Staff believes that the Agreement merits the Commission s approval.
CO MMISSI 0 N D ECISI 0 N
Does the Commission wish to accept and approve this Interconnection Agreement?
Carolee Hall
i:udmemos/interconnection agreements/CGS-O7-1 CENTURYTEL of the Gem State, Inc AND 360NETWORKS INC.
DECISION MEMORANDUM - 2 -NOVEMBER 2, 2007