20080725Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JULY 16,2008
RE:APPLICATION FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETWEEN QWEST CORPORATION
QWEST") AND 360NETWORKS ("360"); CASE NO. QWE- T -06-
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)(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). 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 with the requirements of (Part 51)." 47 C.R. ~ 51.
BACKGROUND
On July 15 2008, an Application for Commission approval to amend the original
Interconnection Agreement between Qwest Corporation and 360 was filed in Case No. QWE-06-
The original interconnection agreement was approved by this Commission on March 7, 2006. See
Order No. 29986.
In this Amendment the companies have agreed to add terms and conditions to calculate the rate
for which 360 will pay Qwest for Transit Traffic.
DECISION MEMORANDUM - 1 -JULY 16, 2008
Transit Traffic occurs when local traffic originating on one Telecommunications Service
Provider s network is delivered by Qwest to a different Telecommunications Service Provider
network for termination. The local call transits Qwest's network when it originates from and
terminates to carriers other than Qwest, and for which Qwest does not collect toll charges or access
charges either directly or indirectly. The additional terms and conditions for the Transit Traffic are set
forth in Attachment 1 and Exhibit A of the companies' filing.
ST AFF ANALYSIS
Staff has reviewed the current Application in Case No. QWE-06-2 and does not find any
terms or conditions that it considers to be discriminatory or contrary to the public interest. Staff
believes that this filing is consistent with the public interest as identified in the pro-competitive
policies of this Commission, the Idaho Legislature, and the federal Telecommunications Act of
1996. Accordingly, Staff believes that the Agreement merits the Commission s approval.
COMMISSION DECISION
Does the Commission wish to accept and approve the Interconnection Agreement for
Case No. QWE-06-
i:udmemos/Interconnectim Agreements/QWE-O6-2 QWEST and 360networks
DECISION MEMORANDUM - 2 -JULY 16, 2008