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HomeMy WebLinkAbout20150727_4726.pdfDECISION MEMORANDUM TO:COMMISSIONER KJELLANDER COMMISSIONER RAPER COMMISSION SECRETARY LEGAL WORKING FILE FROM:CAROLEE HALL DATE:JULY 22,2015 RE:APPLICATION FOR APPROVAL TO AMEND AN INTERCONNECTION AGREEMENT BETWEEN CENTURYLINK QC (“CENTURYLINK”)AND LEVEL 3 COMMUNICATIONS,LLC.(“LEVEL 3”). CASE NO.QWE-T-02-08. 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: (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 (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 511.” 47 C.F.R.§51.3. CURRENT APPLICATION On July 15,2015,this Commission received an amendment to the Interconnection Agreement that was originally approved by this Commission on May 22,2002,in Case No. QWE-T-02-08. DECISION MEMORANDUM -1 -JULY 22,2015 The Agreement submitted with this filing is adding terms,conditions and rates for Collocation DC Power Measurement as set forth in Attachment 1 with the filing. According to the parties this Agreement was reached through voluntary negotiations without resort to mediation or arbitration. STAFF ANALYSIS Staff has reviewed the Application and finds that it does not appear to contain any terms or conditions that may be consider discriminatory or contrary to the public interest.Staff believes that the Application is consistent with the pro-competitive policies of this Commission,the Idaho Legislature,and the FCC’s Telecom Act of 1996.Accordingly,Staff believes that the Agreement merits the Commission’s approval. COMMISSION DECISION Does the Commission agree? I udmemos/adopting interconnection agrcemcnwQwE.T-02-OS Q’cst and Level 3 Collocation DC Power Measurement -7-DECIS ION MEMORANDUM JULY 22,2015