20100604Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JUNE 4, 2010
RE:APPLICATION OF MILLENNIUM NETWORKS, LLC (MILLENNIUM)
AMENDING ITS INTERCONNECTION AGREEMENT WITH QWEST
CORPORATION (QWEST) IN CASE NO. QWE-I0-02.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 u.S.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 J."
47 C.R. ~ 51.3.
CURRENT APPLI CA TI 0
On June 1 2010, this Commission received an Application from Millennium Networks
LLC requesting authority to amend its Interconnection Agreement with Qwest Corporation in
Case No. QWE-I0-02. The Agreement sets out mutual terms, covenants and conditions for
Mid-Span Meet Point Of Interface (POI).
DECISION MEMORANDUM - 1 -JUNE 4, 2010
As stated in the Application, both parties request an expeditious approval process and
maintain that the Agreement was reached through voluntary negotiations.
STAFF ANALYSIS
Staff has reviewed the Application to amend the Interconnection Agreement between
Qwest and Millennium Networks, LLC. Staff is confident that the amendment meets the terms
and conditions of this Commission and believes it is consistent with the pro-competitive policies
of this Commission, the Idaho Legislature, and the federal Telecommunications Act of 1996.
Accordingly, Staff believes that merits the Commission s approval.
COMMISSION DECISION
Does the Commission wish to approve Millennium s amendment to its Interconnection
Agreement with Qwest?
i:udmemos/QWE-IO-O2 AMENDMENT Qwest and Millennium Networks, LLC
DECISION MEMORANDUM - 2 -JUNE 4, 2010