20101230Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:DECEMBER 20, 2010
RE:APPLICATION FOR APPROVAL OF AN AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION ("QWEST") AND AMERICAN FIBER NETWORKS,
INc. IN CASE NO. QWE-07-05.
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 COij1ports with the FCC's statement that "
state commission shall have authority to approve an interconnection agreement adopted by
negotiation even ifthe terms of the agreement do not comply with the requirements of (Part 51)."
47 C.R. ~ 51.3.
CURRENT APPLICATION
On December 17, 2010, this CommisSion received an Application from Qwest requesting
authority to amend its Interconnection Agreement ,with American Fiber Networks, Inc., in Case
No. QWE-07-05. The Agreement provides for the adoption of the Qwest Local Services
DECISION MEMORANDUM - 1 -DECEMBER 20 , 2010
Platform Agreement (QLSP). The QLSP acts as an interconnection agreement between the
parties and sets out rates, terms and conditions for the companies to interconnect their services.
As stated in the Application, both parties, request an expeditious approval process and
maintain that the Agreement was reached through voluntary negotiations.
STAFF ANALYSIS
Staff has reviewed the Application to amend the Interconnection Agreement between
Qwest and American Fiber Networks, Inc.. Staff believes that the amendment meets the terms
and conditions of this Commission and 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 agree?
i:udmemos/QLSP Adoption/QWE-O7-05 AMENDMENT Qwest and American Fiber Networks, Inc.
DECISION MEMORANDUM - 2 -DECEMBER 20 2010