20081031Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
CO MMISSI 0 NER SMITH
CO MMISSI 0 NER KEMPTON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:GRACE SEAMAN
DATE:OCTOBER 31,2008
RE:QWEST'S APPLICATION TO AMEND AN INTERCONNECTION
AGREEMENT: CASE NO. QWE- T -02-
BACKGROUND
Under the provisions ofthe federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 u.S.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 October 31 , 2008, Qwest Corporation (Qwest) submitted an Application to amend an
existing agreement with Level 3 Communications, LLC that was approved by the Commission
on January 13 2004. In this Application, the parties request that the Commission approve an
amendment to incorporate Triennial Review Order (TRO) and Triennial Review Remand Order
(TRRO) to the existing agreement.
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 -OCTOBER 31 , 2008
federal Telecommunications Act. Accordingly, Staff recommends Commission approval of the
Application for Approval of Amendment to the Interconnection Agreement.
CO MMISSI 0 N D ECISI 0 N
Does the Commission wish to approve this Application?
~a Lf ~C01
race Seaman
i:udmemos/qwetO2.8amend
DECISION MEMORANDUM - 2 -OCTOBER 31 , 2008