20090313Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
LEG AL
WORKING FILE
FROM:GRACE SEAMAN
DATE:MARCH 12, 2009
RE:QWEST'S APPLICATION TO AMEND AN INTERCONNECTION
AGREEMENT; CASE NO. QWE-05-21.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 US.C. ~ 252(e)(l). 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).
CURRENT APPLICATION
On March 6, 2009, Qwest Corporation (Qwest) submitted an Application to amend an
existing agreement with Project Mutual Telephone Cooperative Association Inc., approved by
the Commission on November 23 2005. In this Application, the parties request Commission
approval of an amendment that incorporates terms and conditions as set forth in the Mid-Span
Meet POI and Trunking and Exhibit H (Calculation of the Relative Use Factor).
STAFF ANALYSIS
Staff has reviewed the Application and does not find that any terms or conditions are
discriminatory or contrary to the public interest. Staff believes the Application is consistent with
the FCC Orders and pro-competitive policies of this Commission, the Idaho Legislature, and the
DECISION MEMORANDUM - 1 -MARCH 12, 2009
federal Telecommunications Act. Accordingly, Staff recommends Commission approval of the
Amendment to the Interconnection Agreement.
COMMISSION DECISION
Does the Commission wish to approve this Application?
~l-4
race Seaman
i :udmemos/qwe-OS-21 amend.doc
DECISION MEMORANDUM - 2 -MARCH 12, 2009