20100730Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEG AL
WORKING FILE
FROM:CAROLEE HALL
DATE:JULY 30,2010
RE:APPLICATION FOR APPROVAL OF AN AMENDMENT TO
THE INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION ("QWEST") AND XO COMMUNICATIONS
SERVICES, INc. ("XO"
).
CASE NO. QWE-08-05.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. 9252(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. 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 J.
47 C.R. 9 51.3.
APPLICA TION
On July 29, 2010, Qwest and XO filed an amendment to the interconnection agreement
on file with the Commission. The amendment is for transit traffic rates and replaces the original
Exhibit A for Sections 7.1 and 7.2. The amended Exhibit A is attached with this filing.
DECISION MEMORANDUM - 1 -JULY 30 2010
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 of
this Commission, the Idaho Legislature, and the federal Telecommunications Act of 1996.
ST AFF RECOMMENDATION
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 XO Communications Services, Inc. - transit traffic
DECISION MEMORANDUM - 2 -JULY 30, 2010