20101119Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:GRACE SEAMAN
DATE:NOVEMBER 15,2010
RE:QWESTCORPORA TION'S APPLICATION FOR APPROVAL OF THE
INTERCONNECTION AGREEMENT; CASE NO. QWE-I0-07.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 US.C. g 252(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. g 252(e)(2)(A).
CURRENT APPLICATION
On October 20 2010, Qwest Corporation (Qwest) submitted an Application for a Type 2
wireless interconnection agreement with Allied Wireless Communications Corporation and its
CMRS Affiliates. In this Application, the parties request that the Commission approve an
agreement that includes terms and conditions, pricing, ancillary services and the approval
process to access Qwest's right of way, poles and innerduct within the State ofldaho.
STAFF 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
the FCC orders and pro-competitive policies of this Commission, the Idaho Legislature, and the
DECISION MEMORANDUM - 1 -NOVEMBER 15 2010
federal Telecommunications Act. Accordingly, Staff recommends Commission approval ofthe
Application for Approval of the Interconnection Agreement.
COMMISSION DECISION
Does the Commission wish to approve this Application?
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Grace Seaman
i:udmemos/qwetlO.doc
DECISION MEMORANDUM - 2 -NOVEMBER 15 2010