20090206Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
CO MMISSI 0 NER SMITH
CO MMISSI 0 NER KEMPTON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:FEBRUARY 4, 2009
RE:APPLICATION FOR APPRO V AL OF AN INTERCONNECTION
AGREEMENT BETWEEN QWEST CORPORATION (QWEST) AND
GREENFL Y NETWORKS INC DBA CLEARFL Y COMMUNICATIONS
(CLEARFLY). CASE NO. QWE-09-
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)(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. 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).
47 c.F.R. 9 51.3.
CURRENT APPLICATION
On January 13 , 2009, this Commission received a new Interconnection Agreement
between Qwest Corporation and Greenfly Networks Inc. dba Clearfly Communications in Case
No. QWE-09-
DECISION MEMORANDUM - 1 -FEBRUARY 4, 2009
This Agreement sets forth the terms, conditions and pricing under which Qwest will
provide to Clearfly: Network Interconnection; access to Unbundled Network Elements along
with Exhibits A - K. Exhibit A sets out Wholesale Rates; Exhibit B provides for Service
Performance Indicators and Exhibit K explicitly sets out the Performance Assurance Plan.
According to the parties this Agreement was reached through voluntary negotiations
without resort to mediation or arbitration.
STAFF ANALYSIS
Staff has reviewed the Application and finds that the Statement of Terms and Conditions
set forth by Qwest, and accepted voluntarily by Clearfly, do not appear to contain any terms or
conditions that may be consider discriminatory or contrary to the public interest. Staff believes
that the Statement of Terms and Conditions along with the Exhibits are consistent with the pro-
competitive policies of this Commission, the Idaho Legislature, and Sections 251 and 271 of 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 the Interconnection Agreement?
i:udmemos/adopting interconnection agreements/QWE-O9-02 Qwest and Greenfly Networks Inc dba Clearfly Communications
DECISION MEMORANDUM - 2 -FEBRUARY 4 2009