20140414_4342.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:APRIL 4,2014
RE:APPLICATION FOR APPROVAL OF A CENTURYLINK LOCAL
SERVICES PLATFORM (CLSP)AGREEMENT BETWEEN QWEST
CORPORATION DBA CENTURYLINK QC (“CENTURYLINK”)AND
IONEX COMMUNICATIONS NORTH,INC.DBA BIRCH
COMMUNICATIONS (“BIRCH”).CASE NO.QWE-T-05-14.
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 II (emphasis in original).This compons 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 [Pan 51].”
47 C.F.R.§51.3.
CURRENT APPLICATION
On March 26,2014,this Commission received an Application from CenturyLink
requesting approval of its CenturyLink Local Sen’ices Platform (CLSP)Agreement with Birch.
See Case No.QWE-T-05-14.According to the CLSP Agreement,certain services provided are
DECISION MEMORANDUM -I -APRIL 4,2014
being amended by CenturyLink.See sections 109.23.2.1.1,109.11.2 and 109.23.2 attached with
the filing.
As stated in the Application,both parties request an expeditious approval process and
maintain that the amended Agreement was reached through voluntary negotiations.
STAFF ANALYSIS AND RECOMMENDATION
Staff has reviewed the Application for the CLSP Agreement between CenturyLink and
lonex Communications North,Inc.dba Birch Communications.Staff believes that the
Agreement meets 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?
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DECISION MEMOILNDUM -2 -APRIL 4,2014