20160314_4921.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:MARCH 10,2016
RE:APPLICATION FOR APPROVAL OF AN INTERCONNECTION
AGREEMENT BETWEEN QWEST CORPORATION DBA
CENTURYLINK QC AND MCLEODUSA TELECOMMUNICATIONS
SERVICES,LLC,WJNDSTREAM NUVOX,LLC.
CASE NO.QWE-T-16-01.
BACKGROUND
On March 1,2016,this Commission received an Application seeking approval for an
Interconnection Agreement between CenturyTel QC and McLeodUSA Telecommunications
Services,LLC.Windstream Nuvox,LLC.
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:
(I)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
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.
DECISION MEMORANDUM -1 -MARCH 10,2016
DISCUSSION
The Application states that the agreement was reached through voluntary negotiations
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
agreement sets out rates,terms and conditions for interconnection,Unbundled Network Elements
(UNE),ancillary services and resale of telecommunications services.
STAFF ANALYSIS
Staff has reviewed the Application between the parties and believes that it meets the
terms and conditions of this Commission and is consistent with the pro-competitive policies of
this Commission and the Idaho Legislature.Staff recommends approval of the Agreement.
COMMISSION DECISION
Does the Commission agree?
daro7Hall
udmcmo5/QWL-T-16-OI Owen Corporation dba.Centurylin QC and McLcodUSA TelecommunicaLions Services,LLC,Windstream NuVo,
LLC
DECISION MEMORANDUM -2-MARCH 10,2016