20110124_3215.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JANUARY 18,2011
RE:APPLICATION FOR APPROVAL OF AN AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION ("QWEST") AND GREENFL Y NETWORKS, INc.
DBA CLEARFL Y COMMUNICATIONS ("CLEARFL Y") IN CASE
NO. QWE-09-02.
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 US.C. 9252(e)(2)(A). As the Commission noted in Order No. 28427, companies
voluntarily entering into interconnection agreements "may negotiate tenns, 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 tenns of the agreement do not comply with the requirements of (Part 51 J.
47 c.F.R. 9 51.3.
CURRENT APPLICATION
On January , 2011 this Commission received an Application from Qwest requesting
authority to amend its Interconnection Agreement with Clearfly in Case No. QWE-09-02. The
amendment provides for the adoption of the Qwest Local Services Platfonn Agreement (QLSP).
DECISION MEMORANDUM - 1 -JANUARY 18 2011
The QLSP acts as an interconnection agreement between the parties and sets out rates, tenns and
conditions for the companies to interconnect their services.
As stated in the Application, both parties request an expeditious approval process and
maintain that the Agreement was reached through voluntary negotiations.
STAFF ANALYSIS AND RECOMMENDATION
Staff has reviewed the Application to amend the Interconnection Agreement between
Qwest and Clearfly. Staff is confident that the amendment meets the tenns and conditions of this
Commission and believes it is consistent with the pro-competitive policies of this Commission,
the Idaho Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff
believes that the amendment merits the Commission s approval.
COMMISSION DECISION
Does the Commission agree?
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DECISION MEMORANDUM - 2 -JANUARY 18 2011