20161128_5130.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:NOVEMBER 23,2016
RE:APPLICATION FOR APPROVAL OF THE EXTENSION AMENDMENT
TO CENTURYLINK LOCAL SERVICES PLATFORM (CLSP)
AGREEMENT BETWEEN QWEST CORPORATION DBA
CENTURYLINK QC AND METROPOLITAN TELECOMMUNICATIONS
OF IDAHO INC.WITH EFFECTIVE DATE OF JANUALY 1,2017
THROUGH DECEMBER 31,2019.CASE NO.QWE-T-05-05.
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 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
On November 9.2016,this Commission received an Application from CentwyLink
requesting approval of its CenturyLink Local Services Platform (CLSP)Agreement with
DECISION MEMORANDUM -I -NOVEMBER 23,2016
Metropolitan Telecommunications of Idaho,Inc.See Case No.QWE-T-05-05.According to the
CLSP Agreement,the effective date of this extension is January 1,2017 and continues through
December 31,2019.
STAFF ANALYSIS AND RECOMMENDATION
Staff has reviewed the Application for the CLSP Agreement between CentuiyLink and
Metropolitan Telecommunications of Idaho,Inc.Staff believes that the Agreement meets the
terms and conditions of this Commission and believes it 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?
eMaIl
iudmemosICLSP/QWE-T-O5-O5 AMENDMENT CenturyLink QC and Metropolitan Telecommunications of Idaho Inc.
DECISION MEMORANDUM -2-NOVEMBER 23,2016