20101230Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:DECEMBER 22,2010
RE:APPLICATION FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETWEEN QWEST CORPORATION
QWEST") AND PAC WEST TELECOM, INc.,
P AC WEST"
).
CASE NO. QWE- T -05-22.
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)(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 US.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 "a state
commission shall have authority to approve an interconnection agreement adopted by negotiation
even if the terms of the agreement do not comply \Vith the requirements of (Part 51)." 47 c.F.R. ~
51.3.
CURRENT APPLICATION
On December 21 , 2010, this Commission received an Application from Qwest requesting
authority to amend its Interconnection Agre~ment with Pac West Telecom, Inc., in Case No.
QWE- T-05-22. The original Agreement was approved by this Commission on November 2005.
DECISION MEMORANDUM - 1 -DECEMBER 22 2010
This amended Agreement provides terms and conditions for the exchange of VoIP traffic as set
forth in Attachment 1 to the amended Agreement.
As stated in this Application, both parties request an expeditious approval process and
maintain that the Agreement was reached through voluntary negotiations.
ST AFF ANALYSIS
Staff has reviewed the Application to amend the Interconnection Agreement between Qwest
and Pac West. Staff believes that the Agreement is consistent with the pro-competitive policies of
this Commission, the Idaho Legislature, and Sections 251 of the federal Telecommunications Act of
1996. Accordingly, Staff believes that the request to amend the Interconnection Agreement
between Qwest and Pac West merits the Commission s approval.
COMMISSION DECISION
Does the Commission agree?
.......,
i:udmemos/Interconnection Agreements/QWE-O5-22 Qwest and Pac West Telecom, Inc,
DECISION MEMORANDUM - 2-DECEMBER 22 2010