20070727Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:GRACE SEAMAN
DATE:JULY 27, 2007
RE:STAFF REVIEW OF QWEST INTERCONNECTION AGREEMENTS:
CASE NOS. QWE-07-05 AND QWE-06-24.
BACKGROUND
Under the provisions 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).
CURRENT APPLI CA TI 0
The Commission has been asked to approve the following Qwest Applications.
1. Qwest Corporation and American Fiber Network (Case No. QWE-07-05). In this
filing submitted on July 16, 2007 , the parties request approval for an Application for Approval of
Agreement to adopt the 360networks USA, Inc. interconnection agreement approved by the
Commission on March 7 2006.
2. Qwest Corporation and Verizon Business Network Services, Inc. (Case No. QWE-
06-24). On July 16, 2007 , Qwest filed a request to withdraw an amendment approved by the
Commission on June 6, 2007. See Order No. 30338. Qwest filed the Business Escalation
Agreement between Qwest Services Corporation and its affiliates and Verizon Business Network
Services, Inc. and its affiliates. After submitting the filing, it became evident to Qwest that the
DECISION MEMORANDUM - 1 -JULY 27, 2007
intended scope of the agreement did not include escalation procedures for the services provided
under the interconnection agreement. In its place, the parties have entered into a separate
amended Business Escalation Agreement to clearly reflect escalation procedures. Thus, Qwest
requests that the Commission withdraw the approved amendment that was filed on June 6, 2007.
With this action, the parties specifically acknowledge that the agreement is not intended to
amend any ofthe parties ' existing interconnection agreements.
ST AFF ANALYSIS
Staff has reviewed the Applications and does not find that any terms or conditions are
discriminatory or contrary to the public interest. Staff believes that the Applications are
consistent with the FCC orders and pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act. Accordingly, Staff recommends
Commission approval of the Applications for Approval of Amendment to the Interconnection
Agreements.
CO MMISSI ON D ECISI 0 N
Does the Commission wish to approve these Applications?
~a(e
Grace Seaman
GS:udmemos/qwetO7-05and qwetO6-
DECISION MEMORANDUM - 2 -JULY 27, 2007