20080929_2364.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
CO MMISSI 0 NER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:SEPTEMBER 25, 2008
RE:APPLICATION FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION ("QWEST") AND MCIMETRO ACCESS
TRANSMISSION SERVICES LLC ("MCI"
CASE NO. QWE-06-24.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996 , interconnection
agreements must be submitted to the Commission for approval. 47 US.c. ~ 252(e)(l). 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 US.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 ifthe terms of the agreement do not comply with the requirements of (Part 51)."
47 C.R. ~ 51.3.
BACKGROUND
On September 17 2008 , an Application between Qwest Corporation and MCI was filed in
Case No. QWE-06-24. The parties entered into an Interconnection Agreement for service in the
DECISION MEMORANDUM - 1 -SEPTEMBER 25 , 2008
State ofIdaho, which was approved by this Commission on February 1 2007. MClmetro provides
toll free transit service ("Toll Free 8YY Transit Service
This is an amendment to incorporate certain terms and conditions related to Originated Toll
Free Service JPSA traffic into the Agreement between the companies. I Part of the additional terms
and conditions will permit 8XX Third Party Carriers to route unqueried originated Toll Free
Service JPSA traffic to the CLEC for the 8XX database dip, and to route the queried traffic to
IXCs served by Qwest as JPSA traffic via CLEC's LIS trunks.
STAFF ANALYSIS
Staff has reviewed the current Application in Case No. QWE-06-24 and does not find
any terms or conditions that it considers to be discriminatory or contrary to the public interest.
Staff believes this filing is 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, Staff believes 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-06-24?
i:udmemos/lnterconnectim Agreements/QWE-O6-24 QWEST and MClmetro ACCESS TRANSMISSION
I JPSA - Jointly Provided Switched Access is defined and governed by the FCC and state access Tariffs, Multiple
Exchange Carrier Access Billing (MECAB) and Multiple Exchange Carrier Ordering and Design (MECOD)
Guidelines and based on LERG routing. Attachment 1 (2).
DECISION MEMORANDUM - 2 -SEPTEMBER 25, 2008