20071029_2081.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:OCTOBER 17, 2007
RE:APPLICATION FOR APPROVAL OF THE INTERCONNECTION
AGREEMENT BETWEEN QWEST CORPORATION ("QWEST"
AND NOS COMMUNICATIONS, INC. ("NOS"); CASE NO. QWE-07-
BACKGROUND
Under the provision ofthe federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. 9252(e)(I). The
Commission may reject an agreement adopted by negotiations only if it fmds that the agreement:
(1) discriminates against a telecommunications carrier not a party to the agreement; or
(2) implementation ofthe agreement is not consistent with the public interest, convenience and
necessity. 47 U.C. 9252(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 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
ifthe terms of the agreement do not comply with the requirements of (Part 51)." 47 c.F.R. 951.3.
BACKGROUND
On September 14, 2007, an Application between Qwest Corporation and NOS was filed in
Case No. QWE-07-7. The interconnection agreement filed in that case contained two exhibits with
an effective date of June 26, 2007; however, those exhibits contain changes that have not yet been
acted upon by this Commission and are currently under Staff review.
Staff contacted the Company regarding this matter and on October 10, 2007, Qwest sent a new
Application and letter requesting that Case No. QWE-07- 7 be withdrawn. The new Application was
DECISION MEMORANDUM - 1 -OCTOBER 17, 2007
assigned Case No. QWE- T -07-9 and it now contains the appropriate exhibits that the Commission has
approved.
STAFF ANALYSIS
Staff has reviewed the current Application in Case No. QWE-07-9 and does not find any
terms or conditions that it considers to be discriminatory or contrary to the public interest. Staff
believes that this filing is now consistent with the public interest as identified in the pro-competitive
policies ofthis Commission, the Idaho Legislature, and the federal Telecommunications Act of
1996. Accordingly, Staffbelieves that the Agreement merits the Commission s approval.
COMMISSION DECISION
Does the Commission wish to accept and approve the Interconnection Agreement for
Case No. QWE-07-
i:udmemos/interconnection Agreements/QWE-O7-9 QWEST and NOS COMMUNCATIONS
DECISION MEMORANDUM - 2 -OCTOBER 17 2007