20080331_2196.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:MARCH 25, 2008
RE:APPLICATION FOR APPROVAL TO AMEND THE INTER-
CONNECTION AGREEMENT BETWEEN QWEST CORPORATION
QWEST") AND IONEX COMMUNICATIONS NORTH, INC.
IONEX") tka ADVANCED COMMUNICATIONS GROUP AND
FIRSTEL, INc.; CASE NO. USW-OO-IO.
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)(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. ~ 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).
47 C.R. ~ 51.3.
BACKGROUND
On March 19, 2008 , an Application between Qwest Corporation and Ionex was filed in
Case No. USW-00-I0. The original Agreement between the companies was approved by the
Idaho Public Utilities Commission on April 28, 2000.
DECISION MEMORANDUM - 1 -MARCH 25 , 2008
STAFF ANALYSIS
This filing states that the CLEC, Ionex, wishes to amend its agreement and desires to
purchase from Qwest certain combinations of Network Elements, ancillary functions, and
additional features, including without limitation, the local Loop, Port, switching, and Shared
Transport. Included in the filing is Attachment 1 that provides for definitions of Qwest's Local
Services Platform Agreement (QLSP). Within the QLSP there are performance measures, rates
terms and conditions for each element agreed to by the parties.
Staff has reviewed the Application in Case No. USW-00-10 and does not find any
terms or condition discriminatory or contrary to the public interest. Staff believes this filing 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 approve this amended Interconnection Agreement for
Case No. USW-00-10?
i:udmemos/lnterconnectirn AgreementsIUSW-OO-IO QWEST and IONEX
DECISION MEMORANDUM - 2 -MARCH 25 , 2008