20081215_2433.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
COMMISSIONER SMITH
CO MMISSI 0 NER KEMPTON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:DECEMBER 10,2008
RE:APPLICATION FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETWEEN AMERICAN FIBER
SYSTEMS INc. (tka: IDACOMM IDe) AND QWEST CORPORATION
(tka: US WEST); CASE NO. USW-00-17.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 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 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'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.
APPLICATION
On November 17 2008 , Qwest and American Fiber Systems Inc., in Case No.
US W - T -00-, filed an amendment to its original Interconnection Agreement that was initially
approved by this Commission. The current amendment between the parties provides for the
DECISION MEMORANDUM - 1 -DECEMBER 10, 2008
adoption of the Qwest Local Services Platform Agreement ("QLSP"). The QLSP, as adopted by
American Fiber Systems, is a replacement of Qwest's Statement of Generally Available Terms
and Conditions (SGA T). The QLSP does set out rates, terms and conditions for interconnection
and the purchase of certain network facilities.
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. The Application states that the
amendment was reached through voluntary negotiations without resort to mediation or
arbitration therefore, Staff believes that this 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 approve this Interconnection Agreement?
i:udmemosfUSW-OO-17 Qwest Corporation and American Fiber Systems Inc. (fka: IDACOMM Inc)
DECISION MEMORANDUM - 2 -DECEMBER 10, 2008