20130624_4091.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JUNE 18,2013
RE:APPLICATION FOR APPROVAL OF THE INTERCONNECTION
AGREEMENTS BETWEEN CENTURYTEL OF IDAHO,INC./
CENTURYTEL OF THE GEM STATE,INC.DBA CENTURYLINK
(“CENTURYLINK”)AND SPECTROTEL,INC.(“SPECTROTEL”).
CASE NO.CEN-T-13-03 AND CGS-T-13-04.
APPLICATION
On June 17,2013,this Commission received an Application from CenturyLink
requesting Commission approval for the Interconnection Agreement with Spectrotel.See Case
Nos.CEN-T-13-04 and CGS-T-13-04.
BACKGROUND
Under the provision 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:
(I)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.S.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
Order No.28427 at II (emphasis in original).This compofls with the FCC’s statement 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.
DECISION MEMORANDUM -1 -JUNE 18,2013
DISCUSSION
With this filing the companies agreed to rates,terms and conditions for unbundled
network elements,ancillary services and resale of telecommunications services.The parties
have indicated that this agreement was reached through voluntary negotiations without resort to
mediation or arbitration.
STAFF ANALYSIS
Staff has reviewed the Application between the parties.Staff believes the
Interconnection Agreement continues to meet the terms and conditions of this Commission and
is consistent with the pro-competitive policies of this Commission and the Idaho Legislature.
Staff recommends that the adoption of the Interconnection Agreement be approved.
COMMISSION DECISION
Does the Commission agree?
1-IaII
i:udmemos/CEN-T-13-04 AND CGS-T-13-04 CENIURYLINK AND 5PECTROTEL,INC
DECISION MEMORANDUM -2-JUNE 18,2013