20101105Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:NOVEMBER 1,2010
RE:APPLICA TION FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION (QWEST) AND CORDIA COMMUNICATIONS CORP.
CORDIA"); CASE NO. QWE- T -06-01.
BACKGROUND
Under the provision 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 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 "
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 J."
47 C.R. ~ 51.3.
CURRENT APPLICATION
On October 29 2010, Qwest filed an amendment to an interconnection agreement that
was approved by this Commission on March 7, 2006, in Case No. QWE-06-01.
DECISION MEMORANDUM - 1 -NOVEMBER 1 2010
With this filing, the companies submitted a "Qwest Local Services Platform Agreement."
According to the Application, this amendment was reached through voluntary negotiations
without resort to mediation or arbitration. This Amendment sets out rates, terms and conditions
for the Companies to interconnect their facilities.
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-O6-1 Qwest and Cordia Communications Corp.
DECISION MEMORANDUM - 2 -NOVEMBER 1 2010