20071119_2104.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER RED FO RD
CO MMISSI 0 NER SMITH
CO MMISSI 0 NER KEMPTON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:NOVEMBER 6, 2007
RE:APPLICATION FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION ("QWEST") AND ELECTRIC LIGHTWAVE, INc.;
CASE NO. USW-00-21.
BACKGROUND
Under the provision ofthe federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. ~ 252(e)(I). 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.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 11 (emphasis in original). This comports with the FCC's statement that "
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.R. ~ 51.3.
BACKGROUND
On October 17 2007, an Application between Qwest Corporation and Electric Lightwave
Inc. was filed in Case No. USW-00-21. The original Agreement between the companies was
approved by the Idaho Public Utilities Commission on October 11 , 2000.
DECISION MEMORANDUM - 1 -NOVEMBER 6, 2007
STAFF ANALYSIS
This filing states that the amendment to this agreement is to provide for the inclusion of the
Performance Assurance Plan ("PAP") and Performance Indicator Definitions ("PIDs ) contained
in Qwest's Statement of Generally Available Terms and Conditions (SGA T). The Performance
Assurance Plan is Exhibit K and the Performance Indicator Definitions is Exhibit B of the SGAT.
The PIDs and PAP provides terms and conditions for wholesale agreements between Qwest, the
Incumbent Local Exchange carrier ("ILECs ), and Competitive Local Exchange Carriers
CLECs ), while providing meaningful and significant incentives to ensure Qwest provides
service to its competitors at parity with the service it provides to itself.
Staff has reviewed the Application in Case No. USW-00-21 and does not find any terms
or condition changes to the PIDs or PAP that were previously approved by this Commission. The
Companies are agreeing to incorporate any modifications to the PIDs that apply to the PAP and
are made pursuant to section 16 of the PAP. Staff s review and consideration of the PAP and
PIDs that are to be incorporated into the Agreement between the companies are not discriminatory
or contrary to the public interest. Staff believes this filing is consistent with the public interest as
identified in 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 wish to approve this amended Interconnection Agreement that
incorporates the PIDS and PAP as previously approved in the SGA T for Case No. USW - T -00-21?
i:udmemos/lnterconnectim Agreements/USW-OO-21 QWEST and ELECTRIC LlGHTW A V
DECISION MEMORANDUM - 2 -NOVEMBER 6, 2007