20190806_carolee_rq1.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:AUGUST 1,2019
RE:APPLICATION FOR APPROVAL OF AN AMENDMENT TO AN
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION DBA CENTURYLINK QC AND XO
COMMUNICATION SERVICES,LLC;CASE NO.QWE-T-19-06
ORIGINALLY APPROVED IN CASE NO.QWE-T-08-05.
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)(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
voluntarilyentering 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.This comports with the FCC's statement that "a state commission shall
have authorityto 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 July 25,2019 this Commission received an Application from CenturyLinkQC
requesting authorityto amend its Interconnection Agreement with XO Communication Services,
LLC originally filed under Case No.QWE-T-08-05.The original Agreement was approved by
this Commission on July 3,2008 under Order No.30589.
DECISION MEMORANDUM -1 -AUGUST 1,2019
With this filing the parties seek Commission approval to amend its original filing that
provided for Reciprocal Compensation to Bill and Keep.The agreement states in the
Application that both parties request an expeditious approval process and maintain that the
Agreement was reached through voluntarynegotiations.
STAFF ANALYSIS
Staff has reviewed the Application to amend the Interconnection Agreement between the
companies.Staff is confident that the amendment 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 this filingmerits the Commission's approval.
COMMISSION DECISION
Does the Commission wish to approve CenturyLink'samendment to its Interconnection
Agreement with XO Communication Services,LLC?
C lee Hall
i:udmemos/QWE-T-19-06 Between Qwest Corp Century Link QC and XO Communication Services,LLC.
DECISION MEMORANDUM -2 -AUGUST 1,2019