20160803_5018.pdf

DECISION MEMORANDUM
TO:COMMTSSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JULY 19,2016
RE:APPLICATION OF QWEST CORPORATION DBA CENTURYLINK QC
AND CENTURYLINK COMMUNICATIONS,LLC.(FKA QWEST
COMMUNICATIONS CORPORATION)FOR APPROVAL TO AMEND THE
INTERCONNECTION AGREEMENT BETWEEN THE COMPANIES.
CASE NO.QWE-T-04-23.
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 temm,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.§51.3.
CURRENT APPLICATION
Qwest Corporation dba CenturyLink QC and CenturyLink Communications,LLC filed an
application for approval of the amendment to the Interconnection Agreement,which was approved by
DECISION MEMORANDUM -1 -JULY 19,2016
the Idaho Public Utilities Commission on October 6,2004 in Case No.QWE-T-04-23.The application
states that this amendment was reached through voluntary negotiations between the parties.This
amendment adds tents,conditions and rates for Power Reduction as set forth in Attachment I and
Exhibit A,to this application.
STAFF ANALYSTS AND RECOMMENDATION
Staff has reviewed the Application for the Amendment and does not find any terms or
conditions that it considers to be discriminatory or contrary to the public interest.Staff believes the
Amendment 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 Amendment
merits the Commission’s approval.
COMMISSTON DECTSTON
Does the Commission agree?
i:udmemos/QWE-T-01-23 CcnIu’Lin QC and CenturyLink Communications,LLC Power Reduction
DECISION MEMORANDUM -2 -JULY 19,2016