20100528Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:MAY 26, 2010
RE:APPLICA TION FOR APPROVAL OF AN INTERCONNECTION
AGREEMENT BETWEEN QWEST CORPORATION ("QWEST"
AND NEUTRAL TANDEM, INc. ("NEUTRAL T ANDEM"
CASE NO. QWE-I0-03.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 US.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 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. 951.3.
APPLICATION
On May 21 , 2010, Qwest and Neutral Tandem filed an Interconnection Agreement with
two additional amendments in Case No. QWE-IO-03. The accompanying Amendments
provide for originated toll free service jointly provided switched access (JPSA), and four-party
DECISION MEMORANDUM - 1 -MAY 26 2010
transit traffic. The parties state that the Agreement and accompanying amendments were jointly
entered into and provide for both companies to interconnect their facilities.
ST AFF ANALYSIS
Staff has reviewed the Application along with the amendments and does not find any
terms or conditions that it considers to be discriminatory or contrary to the public interest. Staff
believes that the Agreement and amendments are 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 filing merits the
Commission s approval.
COMMISSION DECISION
Does the Commission wish to approve this Interconnection Agreement?
i:udmemos/QWE-IO-O3 QWEST AND NEUTRAL TANDEM, INc.
DECISION MEMORANDUM - 2 -MAY 26, 2010