20190910_dk1.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:DANIEL KLEIN
DATE:SEPTEMBER 5,2019
RE:APPLICATION FOR APPROVAL OF AN AMMENDMENT TO AN
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION DBA CENTURYLINK QC AND TELIAX,INC.;CASE
NO.QWE-T-19-04.
BACKGROUND
On August 21,2019 this Commission received an Application seeking approval for an
Amendment to an Interconnection Agreement between Qwest Corporation and Teliax,Inc.The
original Agreement was approved by the Idaho Public Utilities Commission on August 12,2019.
See Order No.34407.
Under the provisions 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.32034,companies
voluntarily entering into interconnection agreement "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.
DECISION MEMORANDUM -1 -SEPTEMBER 5,2019
DISCUSSION
The Application states that the agreement was reached through voluntarynegotiations
without resort to mediation or arbitration and submitted for approval pursuant to Section 252(e)
of the Communications Act of 1934,as amended by the Telecommunications Act of 1996.The
Amended Application sets out to add specific terms and conditions under which the CLEC
exchanges traffic with CenturyLink.
STAFF ANALYSIS
Staff has reviewed the Application and believes the agreement is consistent with the FCC
orders and pro-competitive policies of this Commission,the Idaho Legislature,and the federal
Telecommunications Act.Accordingly,Staff recommends Commission approval of the
Amended Application for an interconnection agreement.
COMMISSION DECISION
Does the Commission wish to approve this Amended Application?
Daniel Klein
Udmemos/QWE-T-19-04 Amended Interconnection Agreement
DECISION MEMORANDUM -2 -SEPTEMBER 5,2019