20091016Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:GRACE SEAMAN
DATE:OCTOBER 8, 2009
RE:QWEST'S APPLICATION FOR APPROVAL OF THE
INTERCONNECTION AGREEMENT: CASE NO. QWE-09-18.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996 , interconnection
agreements must be submitted to the Commission for approval. 47 U.C. 9252(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 ofthe agreement is not consistent with the public interest, convenience and
necessity. 47 U.C. 9252(e)(2)(A).
CURRENT APPLICATION
On September 18 , 2009 , Qwest Corporation (Qwest) submitted an Application for a
resale agreement with iNETWORKS Group, Inc. In this Application, the parties request that the
Commission approve an agreement that includes terms and conditions, pricing, ancillary services
and telecommunications services available for resale within the geographical areas in which both
parties are providing local exchange service, and for which Qwest is the incumbent local
exchange carrier within the State of Idaho.
ST AFF ANALYSIS
Staff has reviewed the Application and does not find that any terms or conditions are
discriminatory or contrary to the public interest. Staff believes the Application is consistent with
DECISION MEMORANDUM - 1 -OCTOBER 8, 2009
the FCC orders and pro-competitive policies of this Commission, the Idaho Legislature, and the
federal Telecommunications Act. Accordingly, Staff recommends Commission approval of the
Application for Approval of Amendment to the Interconnection Agreement.
COMMISSION DECISION
Does the Commission wish to approve this Application?
I1:s
i:udmemos/qwe-O9-
DECISION MEMORANDUM - 2 -OCTOBER 8, 2009