20101203Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:DECEMBER 2,2010
RE:APPLICATION FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION ("QWEST") AND CTC TELECOM, INC. ("CTC"
CASE NO. QWE-09-14.
BACKGROUND
Under the provision ofthe federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. ~ 252(e)(l). 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.
STAFF ANALYSIS AND RECOMMENDATION
On November 24, 2010, an Application between Qwest Corporation and CTC Telecom
Inc., was filed in Case No. QWE-09-14. Originally this Agreement was approved by this
Commission on September 3 , 2009. This Agreement amends the existing Interconnection
DECISION MEMORANDUM - 1 -DECEMBER 2 2010
Agreement between the parties by adding terms and conditions for Mid-Span Meet POI , as set
forth in Attachment! submitted with the Application. The Application states that the Agreement
was reached through voluntary negotiations without resort to mediation or arbitration.
Staff has reviewed the current Application in Case No. QWE-09-14 and does not find
any terms or conditions that it considers to be discriminatory or contrary to the public interest.
Staff believes that this filing 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 this Agreement merits the
Commission s approval.
COMMISSION DECISION
Does the Commission wish to approve this amended Interconnection Agreement?
- -
I e Hall
i:udmemos/Interconnectim Agreements/QWE-O9-14 QWEST and CTC TELECOM, INc. Mid Span Meet POI
DECISION MEMORANDUM - 2 -DECEMBER 2 2010