20081031Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:OCTOBER 30, 2008
RE:JOINT APPLICATION BETWEEN QWEST CORPORATION ("QWEST"AND SPRINT COMMUNICATIONS, LoP. ("SPRINT") FOR APPROVAL TO
AMEND THE INTERCONNECTION AGREEMENT BETWEEN THE
COMPANIES; CASE NO. QWE-04-
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 US.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). 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 "a state commission
shall have authority to approve an interconnection agreement adopted by negotiation even if the terms
ofthe agreement do not comply with the requirements of(Part 51)." 47 C.R. ~ 51.3.
CURRENT APPLICATIONS
On October 17 2008, Qwest and Sprint filed an Application to amend the Interconnection
Agreement that was initially approved by the Idaho Public Utilities Commission on January 13 2004
as referenced in Case No. QWE-04-, Order No. 29417.
DECISION MEMORANDUM - 1 -OCTOBER 30, 2008
The Application to amend the interconnection agreement between Qwest and Sprint states that
the parties are jointly filing and that this amendment was reached through voluntary negotiations
without resort to mediation. In this amendment, the parties seek Commission authority to incorporate
the Voice over Internet Protocol (VoiP) services into the agreement between the Companies. Also as
part of the amended agreement is Attachment 1 , which sets out definitions, interconnection terms, and
exchange service arrangements for ISP - Bound and VoiP traffic.
ST AFF ANALYSIS AND RECOMMENDATION
Staff has reviewed the Application between the companies and does not find any terms or
conditions that it considers to be discriminatory or contrary to the public interest. Staff believes that
the amended agreement 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
amended Agreement merits the Commission s approval.
COMMISSION DECISION
Does the Commission agree?
i:udmemos/QWE-O4-01 Qwest and Sprint
DECISION MEMORANDUM - 2 -OCTOBER 30, 2008