20080208Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:FEBRUARY 8, 2008
RE:APPLICATION FOR APPROVAL TO AMEND THE INTERCONNECTION
AGREEMENT BETWEEN QWEST CORPORATION ("QWEST") AND
FRETEL COMMUNICATIONS, LLC ("FRETEL"); CASE NO. QWE-99-14.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. ~ 252(e)(I). 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 "a state
commission shall have authority to approve an interconnection agreement adopted by negotiation
even ifthe terms ofthe agreement do not comply with the requirements of (Part 51)."
47 C.R. ~ 51.3.
CURRENT APPLICATION
The original Agreement between Qwest and Fretel was approved by this Commission on
August 27, 1999. This Agreement is to amend the terms, conditions and rates for Expedite Requests
for Unbundled Network Elements, as set forth in Attachment 1 and Exhibit A ofthis filing. Both
parties agree that this amendment will be deemed effective upon Commission approval.
DECISION MEMORANDUM - 1 -FEBRUARY 8 , 2008
STAFF ANALYSIS
Staff has reviewed the Application 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 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 the
Agreement merits the Commission s approval.
COMMISSION DECISION
Does the Commission wish to accept and approve this Interconnection Agreement?
chall/lnterconnectim Agreements/QWE- T -99-14 Qwest and Fretel Expedited Re'fJests
DECISION MEMORANDUM - 2 -FEBRUARY 8, 2008