20090501Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEG AL
WORKING FILE
FROM:CAROLEE HALL
DATE:APRIL 30, 2009
RE:APPLICATION FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION (QWEST) AND EL TOPIA COMMUNICATIONS, INc.
CASE NO. QWE-08-
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 u.S.C. ~ 252(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 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.R. ~ 51.3.
CURRENT APPLICATION
On April 29 , 2009, Qwest filed an amendment to an interconnection agreement in Case
No. QWE-08-6. In that case, Commission Order No. 30589 was issued on July 3 , 2008
DECISION MEMORANDUM - 1 -APRIL 30, 2009
approving the Interconnection Agreement between Qwest Corporation and Eltopia
Communications, Inc.
With this filing, the companies submitted an amendment to their original Interconnection
Agreement. According to the Application, the amendment was reached through voluntary
negotiations without resort to mediation or arbitration. This Amendment revises the rates
applicable to FCC ~251(b)(5) traffic between Qwest and Eltopia . These rates apply to
reciprocal compensation (Exhibit J of the original interconnection agreement). The rates are set
forth in Exhibit A of the Interconnection Agreement on file with this Commission.
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
amendment is consistent with the pro-competitive policies ofthis 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 wish to accept and approve the amendment to the Interconnection
Agreement?
i:udmemos/adopting interconnection agreements/QWE-O8-06 Qwest and Eltopia
I When the FCC ordered rate for ISP-bound traffic is applied to (~251 (b)(5)) Traffic, the FCC ISP rate is used in
lieu of End Office call termination and Tandem Switched Transport rate elements. According to Exhibit A, Section
, this rate is $.0007 per minute of use as of June 14 2003.
DECISION MEMORANDUM - 2 -APRIL 30, 2009