20080620Decision Memo.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER REDFORD
COMMISSIONER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JUNE 11,2008
RE:JOINT APPLICATION BETWEEN QWEST CORPORATION ("QWEST"
AND aardisSERVICES FOR APPROVAL OF AMENDMENTS TO THE
INTERCONNECTION AGREEMENT BETWEEN THE COMPANIES. CASE
NO. QWE-04-05.
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
ofthe agreement is not consistent with the public interest, convenience and necessity. 47 U.C. 9
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 of the agreement do not
comply with the requirements of (Part 51)." 47 C.F .R. 9 51.3.
CURRENT APPLICATION
Qwest and aardisServices Application for Approval of the Amendment to the Interconnection
Agreement, which was approved by the Idaho Public Utilities Commission on March 31, 2004. Case
No. QWE-04-05.
DECISION MEMORANDUM - 1 -JUNE 11 , 2008
The Application between Qwest and aardisServices states that the parties are jointly filing and that the
Amendments were reached through voluntary negotiations without resort to mediation. This is an
amendment to incorporate the Triennial Review Order ("TRO") and the Triennial Review Remand
Order ("TRRO") into the Interconnection Agreement between the parties. The amendment deletes
certain UNEs, changes terms and conditions for certain UNEs and is attached in Attachment 1 and
Exhibit A to this Amendment.
STAFF ANALYSIS AND RECOMMENDATION
Staff has reviewed the Application for the Amendment and does not find any terms or
conditions that it considers to be discriminatory or contrary to the public interest. Staff believes the
Amendment 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 Amendment
merits the Commission s approval.
COMMISSION DECISION
Does the Commission agree?
i:udmemos/Adopting Interconnection Agreements/QWE-O4-0S Qwest and aardisServices
DECISION MEMORANDUM - 2 -JUNE 11 , 2008