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HomeMy WebLinkAbout20101122_3149.pdfDECISION MEMORANDUM TO:COMMISSIONER KEMPTON COMMISSIONER SMITH COMMISSIONER REDFORD COMMISSION SECRETARY LEGAL WORKING FILE FROM:GRACE SEAMAN DATE:NOVEMBER 15,2010 RE:QWESTCORPORA TION'S APPLICATION FOR APPROVAL OF THE INTERCONNECTION AGREEMENT; CASE NO. QWE-I0-07. BACKGROUND Under the provisions of the federal Telecommunications Act of 1996, interconnection agreements must be submitted to the Commission for approval. 47 US.C. g 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. g 252(e)(2)(A). CURRENT APPLICATION On October 20 2010, Qwest Corporation (Qwest) submitted an Application for a Type 2 wireless interconnection agreement with Allied Wireless Communications Corporation and its CMRS Affiliates. In this Application, the parties request that the Commission approve an agreement that includes terms and conditions, pricing, ancillary services and the approval process to access Qwest's right of way, poles and innerduct within the State ofldaho. STAFF ANALYSIS 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 the FCC orders and pro-competitive policies of this Commission, the Idaho Legislature, and the DECISION MEMORANDUM - 1 -NOVEMBER 15 2010 federal Telecommunications Act. Accordingly, Staff recommends Commission approval ofthe Application for Approval of the Interconnection Agreement. COMMISSION DECISION Does the Commission wish to approve this Application? fLU 1ka-i4~ Grace Seaman i:udmemos/qwetlO.doc DECISION MEMORANDUM - 2 -NOVEMBER 15 2010