20071214Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:DECEMBER 12 , 2007
RE:APPLICATION FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION ("QWEST") AND ALL TEL COMMUNICATIONS, INC.
ALLTEL"), tka WWC HOLDING CO., INc.; CASE NO. QWE-00-
BACKGROUND
Under the provision ofthe federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.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 U.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 if the terms of the agreement do not comply with the requirements of (Part 51).
47 C.R. ~ 51.3.
BACKGROUND
On December 11 , 2007, an Application between Qwest Corporation and Alltel was filed in
Case No. QWE-00-2. Originally this Agreement was approved by this Commission on
September 26 2000. Effective August 1 2005 , Alltel acquired the entire CMRS operations of
DECISION MEMORANDUM - 1 -DECEMBER 12 2007
Western Wireless Corporation, including its subsidiaries WWC Holding Co., Inc. and WWC
License, LLC. Therefore, this filing amends the Type 2 Wireless Interconnection Agreement
between Qwest and Alltel and sets forth terms and conditions for Single Point of Presence
SPOP") 1 in the Local Access and Transport Area ("LATA"), as provided for in Attachment
and Exhibit A of this filing.
ST AFF ANALYSIS
Staffhas reviewed the current Application in Case No. QWE-00-2 and does not find any
terms or conditions that it considers to be discriminatory or contrary to the public interest. Staff
believes that 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 this Agreement merits the Commission s approval.
COMMISSION DECISION
Does the Commission wish to approve this amended Interconnection Agreement?
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par
i:udmemos/Interconnectim Agreements/QWE-OO-O2 QWEST ALLTEL COMMUNICATIONS
1 Single Point of Presence (SPOP) in the LATA is a Local Interconnection Service (LIS) and provides for
Interconnection trunking options that allow the CLEC to establish one physical point of presence in the LATA in
Qwest's territory. Qwest and CLECs may then exchange traffic at the SPOP utilizing various trunking options.
DECISION MEMORANDUM - 2 -DECEMBER 12 2007