20090424Decision Memo.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:APRIL 21 , 2009
RE:APPLICATION FOR APPROVAL OF AN INTERCONNECTION
AGREEMENT BETWEEN QWEST CORPORATION (QWEST) AND
VIRTUAL NETWORK SOLUTIONS, INc. ("VIRTUAL NETWORK"
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.R. 9 51.3.
CURRENT APPLICATION
On April 17 2009 , this Commission received a new Interconnection Agreement between
Qwest Corporation and Virtual Network Solutions, Inc. ("Virtual Network") in Case No.
QWE-09- 7.
DECISION MEMORANDUM - 1 -APRIL 21 , 2009
This Agreement sets forth the terms, conditions and pricing under which Qwest will
provide to Virtual Network: Network Interconnection; access to Unbundled Network Elements
along with Exhibits A, Band K. Exhibit A sets out Wholesale Rates; Exhibit B provides for
Service Performance Indicators and Exhibit K explicitly sets out the Performance Assurance
Plan. This agreement also contains Section 9.6 - Change Management process wherein the
parties agree to industry guidelines, standards and practices to address Qwest s OSS products
and processes.
According tothe parties this Agreement was reached through voluntary negotiations
without resort to mediation or arbitration. Because it was reached without resort to mediation
arbitration and it contains Exhibits A, B , K and the Change Management Process, it is in the
public interest.
STAFF ANALYSIS
Staff has reviewed the Application and finds that the Statement of Terms and Conditions
set forth by Qwest, and accepted voluntarily by Virtual Network Solutions, 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 , 252 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 agreemcnts/QWL-O9-07 Qwcst and Virtual Network Solutions.lnc
DECISION MEMORANDUM - 2 -APRIL 21 , 2009