20100122Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEG AL
WORKING FILE
FROM:CAROLEE HALL
DATE:JANUARY 21, 2010
RE:APPLICATION FOR APPROVAL OF AN AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETWEEN QWEST AND SPRINT
SPECTRUM LP.; CASE NO. QWE- T -02-21.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 US.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 ifthe terms ofthe agreement do not comply with the requirements of (Part 51 J."
47 C.R. 9 51.3.
CURRENT APPLICATION
On January 15 2010, Qwest filed an Application requesting Commission Approval to
amend its Interconnection Agreement with Sprint Spectrum L.P. According to the Application
this Amendment between the parties sets out terms and conditions to accommodate Sprint's
wireless service provisions for routing unqueried 8XXX traffic.
DECISION MEMORANDUM - 1 -JANUARY 21 , 2010
ST AFF ANALYSIS
Staff has reviewed the Application and does not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest. Staff believes that the
Agreement is 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.
Accordingly, Staff believes that the Agreement merits the Commission s approval.
COMMISSION DECISION
Does the Commission wish to accept and approve this amended Interconnection
Agreement?
i:udmemos/interconnection agreements/QWE-02-21 (2010) Qwest and Sprint Spectrum L.P,
DECISION MEMORANDUM - 2 -JANUARY 21 2010