20131028_4216.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:OCTOBER 31,2013
RE:APPLICATION FOR APPROVAL OF AN INTERCONNECTION
AGREEMENT BETWEEN QWEST CORPORATION UBA
CENTURYLINK QC (“CENTURYLINK QC”)AND TELEQUALITY
COMMUNICATIONS,INC.(“TELEQUALITY”);
CASE NO.QWE-T-13-06.
APPLICATION
On October 17,2013,this Commission received an Application from CenturyLink QC
requesting approval of its Interconnection Agreement with Telequality.See Case No.
QWE-T-13-06.The filing included rates,terms and conditions for interconnecting the
companies’networks.The Application also included Exhibit K,which is the Performance
Assurance Plan (“PAP”).The PAP is a self-executing remedy plan that provides payments for
the CLEC should CenturyLink QC miss any of the performance indicators (“PID”)as set out in
Exhibit B of the interconnection agreement.
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)(l).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.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 (c).”
DECISION MEMORANDUM -I -OCTOBER 31,2013
Order No.28427 at 11 (emphasis in original).This comports 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 511.”
47 C.F.R.§51.3.
STAFF ANALYSIS AND DISCUSSION
Staff reviewed the Application and found it to be complete.The Parties indicated that the
Agreement was reached through voluntary negotiations without resorting to mediation or
arbitration.
Staff believes the filing meets 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 Interconnection Agreement be approved.
COMMISSION DECISION
Does the Commission agree?
i:udmemos/Interconnection Agreemcnts/QWE-T.13.06 Centu’Link QC and Tclcquality Communications Inc.
DECISION MEMORANDUM -2-OCTOBER 31,2013