20090116Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JANUARY 16 2009
RE:FRETEL COMMUNICATIONS, LLC ("FRETEL") APPLICATION FOR
APPROVAL TO ADOPT THE INTERCONNECTION AGREEMENT
BETWEEN QWEST CORPORATION ("QWEST") AND 360NETWORKS
(USA), INC. ("360") IN CASE NO. QWE- T -09-01.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. ~ 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 D.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 J.
47 C.R. ~ 51.3.
BACKGROUND
On January 13 , 2009 an Application was filed on behalf of Qwest Corporation and Fretel
Communications, LLC. The Application seeks Commission approval for Fretel to adopt the
agreement between 360networks USA, Inc. and Qwest Corporation as approved by this
Commission on March 7 , 2006.
DECISION MEMORANDUM - 1 -JANUARY 16 2009
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 current
filing in Case No. QWE- T -09-1 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 accept and approve the Interconnection Agreement for Case
No. QWE-09-
i:udmemos/Adopting Interconnection Agreements/QWE-O9-1 FRETEL COMMUNICATIONS ADOPTING QWEST
and 360networks Interconnection Agreement
DECISION MEMORANDUM - 2 -JANUARY 16 2009