20090601_2596.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
CO MMISSI 0 NER RED FORD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:GRACE SEAMAN
DATE:MAY 29, 2009
RE:QWEST'S APPLICATION FOR APPROVAL OF THE
INTERCONNECTION AGREEMENT: CASE NO. QWE- T -09-08.
BACKGROUND
Under the provisions ofthe federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.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.C. ~ 252(e)(2)(A).
CURRENT APPLICATION
On May 28, 2009, Qwest Corporation (Qwest) submitted an Application for a resale
agreement with NSW Telecom, Inc. In this Application, the parties request that the Commission
approve an agreement that includes terms and conditions, pricing, ancillary services and
telecommunications services available for resale within the geographical areas in which both
parties are providing local telecommunications services at the same time, and for which Qwest is
the incumbent local exchange carrier within the State ofIdaho.
STAFF ANAL YSIS
Staff has reviewed the Application and does not find that any terms or conditions are
discriminatory or contrary to the public interest. Staff believes the Application is consistent with
DECISION MEMORANDUM - 1 -MAY 29, 2009
the FCC orders and pro-competitive policies ofthis Commission, the Idaho Legislature, and the
federal Telecommunications Act. Accordingly, Staff recommends Commission approval of the
Application for Approval of Amendment to the Interconnection Agreement.
COMMISSION DECISION
Does the Commission wish to approve this Application?
~a~
Grace Seaman
i:udmemos/qwetO908.doc
DECISION MEMORANDUM - 2 -MAY 29, 2009