20100122Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JANUARY 19,2010
RE:APPLICATION FOR APPROVAL OF AN AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION ("QWEST") AND SPRINT COMMUNICATIONS
COMPANY LP. ("SPRINT"); CASE NO. QWE-04-01.
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 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 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. According to the Application, the Parties
wish to amend the Agreement to add terms and conditions that will permit 8XX Third Party
Carriers to route calls. The Agreement sets out rates, terms and conditions for routing calls
DECISION MEMORANDUM - 1 -JANUARY 19 2010
between the ILEC, Sprint and Commercial Mobile Radio Service (CMRS) providers. Sprint and
Qwest have filed a number of amendments to the original Interconnection Agreement that was
approved by this Commission on January 13 2004.
STAFF 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?
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i:udmemos/interconnection agreements/QWE-04-01 (2010) Qwest and Sprint Communications Company L.
DECISION MEMORANDUM - 2 -JANUARY 19 2010