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HomeMy WebLinkAbout20140527_4367.pdfDECISION MEMORANDUM TO:COMMISSIONER KJELLANDER COMMISSIONER REDFORD COMMISSIONER SMITH COMMISSION SECRETARY COMMISSION STAFF LEGAL FROM:CAROLEE HALL DATE:MAY 21,2012 RE:CASE NO.CEN-T-O0-01 -APPLICATION FOR APPROVAL OF AN AMENDMENT TO THE INTERCONNECTION AGREEMENT BETWEEN CENTURYTEL OF IDAHO,INC.dba CENTURYLINK f/Ida CENTURYTEL OF IDAHO,INC.AND CENTURYTEL OF THE GEM STATE,INC.d/b/a CENTURYLINK f/Ida CENTURYTEL OF THE GEM STATE -EDAHO,INC. (“CENTURYLINK”)AND SPRINT SPECTRUM LP (“SPRINT SPECTRUM”). BACKGROUND Under the provision of the federaJ 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)”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 51].”47 C.F.R.§ )ii. DECISION MEMORANDUM -I -MAY 21,2014 CURRENT APPLICATION CenturyLink and Sprint Spectrum jointly filed this amendment to the interconnection agreement between the companies that was approved by this Commission in 2000.See Order No. 28448.The parties seek Commission approval to amend the compensation portion of the agreement.Specifically,the companies are amending the terms,conditions,and rates to reflect the Federal Communications Commission ICC Bill and Keep requirements in Docket No.01-92,In 1/ic Matte,’v/Developing an Unified Intercarrier Compensation Regime.See Attachment I with this filing. STAFF ANALYSIS Staff has reviewed the Application and believes that the amended filing between CenturyLink and Sprint comports with the FCC’s Bill and Keep requirements.Moreover,Staff believes this filing is consistent with the public interest as identified in the pro-competitive policies of this Commission,the Idaho Legislature,and the federal Telecommunications Act of 1996. Accordingly,Staff believes that the Agreement merit the Commission’s approval. COMMISSION DECISION Does the Commission agree? i:udmemos/lntercanncction —wireless and paging/CEN-T-OO-Ol CENTURYLINK and Sprint Bill and Keep DECISION MEMORANDUM -2 -MAY 21,2014