HomeMy WebLinkAbout20231017_CENT2301_CGST2301_md.pdfDECISION MEMORANDUM
TO:COMMISSIONER ANDERSON
COMMISSIONER HAMMOND
COMMISSIONER LODGE
COMMISSION SECRETARY
LEGAL
FROM:JOHAN E.KALALA-KASANDA
MICHAEL DUVAL
DATE:OCTOBER 17,2023
RE:IN THE MATTER OF CENTURYTEL OF GEM STATE,INC.'S AND
CENTURYTEL OF IDAHO,INC.'S JOINT APPLICATION FOR
APPROVAL OF THE INTERCONNECTION AGREEMENT WITH
EARTHGRID PBC;CASE NOS.CEN-T-23-01/CGS-T-23-01.
On August 23,2023,CenturyTel of the Gem State,Ind.d/b/a CenturyLinkand
CenturyTel of Idaho,Inc.d/b/a CenturyLink(individually and collectively,"CenturyLink")
applied seeking Commission approval for an Interconnection Agreement by and between
CenturyLinkand Earthgrid PBC d/b/a Earthgrid PBC Corporation for the State of Idaho
("Agreement").CenturyLinkstates that they reached this Agreement voluntarily.This
Agreement establishes the terms,the conditions and the pricing pertaining to the local
interconnections and the exchange of local traffic for the State of Idaho.
BACKGROUND
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 such agreement or portion 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 that voluntarily enter into
interconnection agreements "may negotiate terms,prices,and conditions that do not comply with
DECISION MEMORANDUM -1 -OCTOBER 17,2023
either the Federal Communications Commission ("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 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.
STAFF RECOMMENDATION
Staff 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
Application for an Interconnection Agreement.
COMMISSION DECISION
Does the Commission wish to approve this Agreement?
han E.Kalala-Kasanda
Udmemos /CEN-T-23-01 /CGS-T-23-01 Interconnection Agreement with Earthgrid PBC Corporation.
DECISION MEMORANDUM -2 -OCTOBER 17,2023