20131223_4260.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:DECEMBER 18,2013
RE:JOINT APPLICATION OF QWEST CORPORATION DBA
CENTURYLINK (CENTURYLINK)AND ONVOY,INC.(ONVOY)
TO ADOPT ZAYO GROUP FKA 36ONETWORKS (USA)INC.
INTERCONNECTION AGREEMENT.CASE NO.QWE-T-13-08.
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:
(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)”
Order No.28427 at 11 (emphasis in original).This eomports 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.
CURRENT APPLICATION
On December 17,2013,CenturyLink submitted its Application for approval of the
Interconnection,Resale and/or Unbundling Agreement with Onvoy.Onvoy is adopting the
Interconnection Agreement between CenturyLink and Zayo Group,LLC,Wa 3óonetworks
(USA)Inc.This Commission approved the Agreement between CenturyLink and Zayo on
March 7,2006.See QWE-T-06-2.
DECISION MEMORANDUM -I -DECEMBER 18,2013
STAFF ANALYSIS AND RECOMMENDATION
Staff has reviewed the Agreement and does not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest.Staff believes that the
Agreement is consistent with the pro-competitive policies of this Commission,the Idaho
Legislature,and the federal Telecommunications Act of 1996.Accordingly,Staff beLieves that
the Agreement merits the Commission’s approval.
COMMISSION DECISION
Does the Commission agree?
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Carolee Hall
i:udnwmos/QWE-T-13-08 CentunLinI and Onvoy ADOPTING Zayo Group LLC f.L.a 36OnetworIs
DECISION MEMORANDUM -2-DECEMBER 18,2013