20100122Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JANUARY 19,2010
RE:APPLICATION FOR APPROVAL OF AMENDMENT TO
INTERCONNECTION AGREEMENT BETWEEN QWEST AND
BANDWIDTH.COM CLEC, LLC.; CASE NO. QWE-08-01.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. 9252(e)(1). 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 ofthe agreement is not consistent with the public interest, convenience and
necessity. 47 US.c. 9252(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)."
47 c.F.R. 9 51.3.
CURRENT APPLICATION
Bandwidth. com was granted a certificate on June 6, 2008. See Order No. 30568 in Case
No. BND-07-01. Order No. 30527 approving the original Interconnection Agreement between
Qwest Corporation and Bandwidth.com was issued on April 11 , 2008. This Amendment seeks
Commission approval to amend the original agreement by adding terms, conditions and rates for
DECISION MEMORANDUM - 1 -JANUARY 19 2010
the exchange of Voice over Internet Protocol ("VoIP") traffic. Attachment 1 to this filing sets
out terms and conditions pertaining to traffic exchange for this new service.
STAFF 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
Agreement is consistent with the public interest as identified in the pro-competitive policies
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 this amended Interconnection
Agreement?
i:udmemos/interconnection agreements/QWE-08-01 (2010) Qwest and Bandwidth.com LLC
DECISION MEMORANDUM - 2 -JANUARY 19 2010