20100412_2912.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEG AL
WORKING FILE
FROM:CAROLEE HALL
DATE:APRIL 7, 2010
RE:APPLICATION FOR APPROVAL OF AN INTERCONNECTION
AGREEMENT BETWEEN QWEST CORPORATION ("QWEST"
AND INTRADO COMMUNICATIONS, INC. ("INTRADO"
CASE NO. QWE-I0-01.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. 9252(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. 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 "
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. 951.
APPLICA TION
An Agreement between Qwest and Intrado, Case No. QWE-I0-, was filed March 23
2010. During its review Staff noticed that the Performance Assurance Plan (PAP), or Exhibit K
DECISION MEMORANDUM - 1 -APRIL 7 , 2010
was intentionally left blank. The PAP provides assurances that Qwest meets its Service
Performance Indicators (PIDs) (Exhibit B), and if Qwest fails to meet its measurements, the PAP
provides penalty payments to the CLEC and other companies that enter into an interconnection
agreement with Qwest.
BACKGROUND OF PID AND PAP REQUIREMENTS
On March 17 2009, the Commission issued its Order granting Qwest's Motion to
Withdraw its Statement of Generally Available Terms and Conditions (SGAT) in Idaho. The
PAP and its performance indicator definitions (PIDs) were exhibits of Qwest' s SGA T. The
Commission allowed Qwest to bifurcate the removal of the SGA T from the PIDs and the PAP.
In its Responsive Comments, p. 2, in Case QWE-08-, Qwest committed to continue its PAP
and PID obligations if the Commission allowed the withdrawal of the SGA T: "If the
Commission grants Qwest's request to withdraw the SGAT, Qwest will continue to make the
PAP (presently designated as SGA T Exhibit K) and the PIDs (Exhibit B) available to CLECs on
the same terms they are available today until Qwest is given authority to withdraw, amend or
substitute an altemative(s) for said PAP and PIDs." I The Commission did not approve the
removal, substitution or amendment to the exhibits and in fact, directed that
, "
Withdrawal of the
SGA T shall not alter the status and effectiveness of the exhibits to the SGA T including Exhibit
A (price list), Exhibit B (PIDs) and Exhibit K (PAP)" and maintained that Qwest is to continue
to provide the exhibits until such time this Commission, or the FCC upon Qwest's petition
relieves Qwest of this obligation. Emphasis Added. The Commission s directive to include the
PIDs and PAP still stands. Since then, Qwest has consistently continued to "intentionally leave
blank" the Exhibit K.
CURRENT APPLICATION REVIEW
On March 26 and 29 , 2010 , Staff contacted Qwest regarding the omission of the Exhibit
K with the Intrado filing. Also on March 29, 2010, Staff contacted Intrado to investigate if the
Company had intended to exclude the Performance Assurance Plan (Exhibit K). Staffs inquiry
into the intentional omission of Exhibit K was pursuant to Commission Order No. 30953 in Case
No. QWE-09-16. In that case the Commission, in an attempt to remind Qwest of its previous
I Idaho Public Utilities Commission Order No. 30750, Case No. QWE-08-
DECISION MEMORANDUM - 2 -APRIL 7, 2010
order stated that: "Qwest shall include a copy of its Performance Assurance Plan with each
application for approval of an Interconnection Agreement. In lieu of the inclusion of the
Performance Assurance Plan, the Company may include a signed statement by the contracting
CLEC demonstrating that the CLEC has been fully informed of both the content and purpose of
the Performance Assurance Plan and has knowingly waived its inclusion as part of the
Interconnection Agreement"
ST AFF ANALYSIS
On March 31 , 2010, Staff was contacted by Intrado and informed that the Company
wanted the Exhibit K included in its Interconnection Agreement. On April 1 , 2010, Intrado
contacted Staff to confirm that it had instructed Qwest to put the Exhibit K into the
Interconnection Agreement in Idaho and other Qwest states where it had also been excluded in
those filings. Staff received the Exhibit K on April 2 , 2010.
Staff has now completed its review of the Application, along with the added Exhibit K
between Intrado and Qwest and does not find any terms or conditions that it considers to be
discriminatory or contrary to the public interest. Staff believes that now the Agreement
comports with the Commission s order to include the PIDs and PAP. Therefore, the Agreement
is complete and 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.
ST AFF RECOMMENDATION
Because the Agreement between Intrado and Qwest is now consistent with the public
interest, Staff believes that the Agreement merits the Commission s approval. For future Qwest
filings, Staff recommends once again, that Qwest be reminded that the PAP and PIDs are to be
included with their Interconnection Agreements and if the parties knowingly negotiate terms to
exclude the PAP , a statement signed by the CLEC indicating knowledge of the PAP and its
purpose must be included with each Application.
2 Case No. QWE-09-, Order No. 30953 , In The Matter of the Application of Qwest Corporation for Approval
of its Interconnection Agreement with Silver Star Telephone Company, Inc.
DECISION MEMORANDUM - 3 -APRIL 7, 2010
COMMISSION DECISION
Does the Commission agree with Staffs recommendation?
i:udmemos/interconnection agreements/QWE-IO-Ol QWEST and INTRADO.
DECISION MEMORANDUM - 4 -APRIL 7 , 2010