20080509Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:APRIL 30, 2008
RE:APPLICATION FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION (QWEST) AND TIME WARNER TELECOM OF
IDAHO LLC (TIME WARNER); CASE NUMBER QWE- T -04-20.
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)(I). 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 if the terms of the agreement do not comply with the requirements of (Part 51).
47 C.R. 951.3.
CURRENT APPLICATION
The original Interconnection Agreement between Qwest Corporation and Time Warner
was filed in Case No. QWE-04-20 on August 2 2004 and approved by this Commission in
Order Number 29559.
DECISION MEMORANDUM - 1 -APRIL 30, 2008
This Amendment, filed on April 25 , 2008 , was jointly entered into between Qwest and
Time Warner, and requests Commission approval to make changes to the terms and conditions
attached as exhibits to the filing. Specifically, the rate changes reflected in Exhibit A are for
Transit Traffic, Directory Assistance, Toll and assistance for Operator Services. Other terms that
are being revised are for Dispute Resolution, Entrance Facilities and Direct Trunked Transport.
See Sections 5.18, 7.1.1.3 and 7.3.2.2.1. According to the Amendment, this Agreement was
reached through voluntary negotiations and will expire two years after the execution date. See
Section 5.
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. Because the Agreement was
reached through voluntary negotiations Staff believes that 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 wish to accept and approve the amendment to the Interconnection
Agreement?
i:udmemos/adopting interconnection agreements/QWE-04-20 Time Warner April 25 2008
DECISION MEMORANDUM - 2 -APRIL 30, 2008