20081121Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:NOVEMBER 19, 2008
RE:APPLICATION FOR APPROVAL OF AN AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION ("QWEST") AND XO COMMUNICATIONS SERVICES,
INc. ("XO"
).
CASE NO. QWE-08-0S.
BACKGROUND
Under the provision ofthe federal Telecommunications Act of 1996 , interconnection
agreements must be submitted to the Commission for approval. 47 U.c. ~ 252(e)(I). 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 "
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.
APPLICATION
Qwest and XO in Case No. QWE-08-05 filed November 17 2008, state that the
Interconnection Agreement between the parties was jointly entered into and provides for both
companies to interconnect their facilities for the purpose of providing customers with increased
DECISION MEMORANDUM - 1 -NOVEMBER 19, 2008
choices among local telecommunications services. The Amendment between the parties focuses
on Section 8.0 - Collocation Bay Procurement. Specifically, the parties have agreed to the terms
and conditions that relate to Section 8.3 for caged and cageless physical collocation.
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
Agreement 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 approve this Interconnection Agreement?
i:udmemos/QWE-O8-08 Qwest Corporation and Clertech.com, Incorporated
DECISION MEMORANDUM - 2 -NOVEMBER 19 , 2008