20090116Decision Memo.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER RED FORD
COMMISSIONER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JANUARY 16 2009
RE:APPLICATION FOR APPROVAL OF PAGING TYPE 1 AND TYPE 2
AGREEMENT BETWEEN QWEST CORPORATION AND W A VESENT LLC
(WAVE SENT). CASE NO. QWE-08-11.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 US.C. 9 252(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. 9 252(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 "a state
commission shall have authority to approve an interconnection agreement adopted by negotiation
even if the terms ofthe agreement do not comply with the requirements of (Part 51)." 47 C.R. g
51.3.
CURRENT APPLICATION
Qwest Corporation and WaveSent in Case No. QWE-08-11 filed December 31 , 2008 , are
asking the Commission to approve a Type 1 and Type 2 Paging Interconnection Agreement.
According to the Agreement, a Type 1 Paging Service is a one-way final route trunk group between
Qwest's serving wirecenter, or in some circumstances the Dial Tone Office, and Paging Providers
DECISION MEMORANDUM - 1 -JANUARY 16 2009
Point of Connection ("POC"). A Type 2 service is a one-way intraLA T Afintrastate final route Trunk
Group between Qwest's local and LA T AfT oll Tandems and end office switches and a paging
provider s point of connection.
The parties have indicated that this Interconnection Agreement was jointly entered into
through voluntary negotiations without resort to mediation or arbitration and is submitted for
approval pursuant to Section 252( e) of the Communications Act of 1934, as amended by the
Telecommunications Act of 1996.
ST AFF ANALYSIS
Staff has reviewed the Application and finds that it satisfies Section 252(e)(2) of the Act
that directs the state Commission to reject ifthe Agreement is found to I) discriminate against a
telecommunications carrier not a party to this agreement; or 2) the implementation of such an
agreement (or portion) is not consistent with the public interest, convenience and necessity. Staff
believes that this 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, Staffrecommends approval.
COMMISSION DECISION
Does the Commission wish to accept and approve this Interconnection Agreement?
i:udmemos/interconnection agreements/QWE-T-O8-11 WaveSent and Qwest Paging Type I and II rCA
DECISION MEMORANDUM - 2 -JANUARY 16 2009