20080627Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
CO MMISSI 0 NER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JUNE 25, 2008
RE:APPLICATION FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION (QWEST) AND BULLSEYE TELECOM, INc.
CASE NUMBER QWE- T -04-30.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.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 "
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. ~ 51.3.
CURRENT APPLICATION
On November 23 2004, this Commission approved the Interconnection Agreement
between Qwest Corporation and Bullseye Telecom, Inc. in Case No. QWE-04-30.
DECISION MEMORANDUM - 1 -JUNE 25, 2008
On June 23 , 2008, the companies submitted an amendment to their original
Interconnection Agreement. According to the Application, the amendment was reached through
voluntary negotiations without resort to mediation or arbitration.
Some of the provisions in the amendment are for unbundled network elements (UNEs)
along with changes to those rates, terms and conditions that relate to the negotiated UNE
agreements. Other changes include collocation terms and conditions as well as replacing
definitions in the appropriate section of the Agreement. All negotiated rates are included as
Exhibit A of this filing.
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
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-O4-30 Qwest and Bullseye
DECISION MEMORANDUM - 2 -JUNE 25 , 2008