20090316_2502.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSIONER KEMPTON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:MARCH 12, 2009
RE:APPLICATION FOR APPROVAL OF AN INTERCONNECTION
AGREEMENT BETWEEN QWEST CORPORATION (QWEST) AND
DSLnet COMMUNICATIONS, LLC (DSLnet). CASE NO. QWE- T -09-
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. 9252(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.S.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 ifthe terms of the agreement do not comply with the requirements of (Part 51)."
47 C.R. 9 51.3.
CURRENT APPLICATION
On March 3, 2009 , this Commission received a new Interconnection Agreement between
Qwest Corporation and DSLnet Communications, LLC in Case No. QWE-09-
This Agreement sets forth the terms, conditions and pricing that Qwest will provide to
DSLnet. Some of those elements are: Network Interconnection; access to Unbundled Network
DECISION MEMORANDUM - 1 -MARCH 12 2009
Elements along with Exhibits A - K. Exhibit A sets out Wholesale Rates; Exhibit B provides for
Service Performance Indicators (PIDs) and Exhibit K explicitly sets out the Performance
Assurance Plan (PAP).
According to the parties this Agreement was reached through voluntary negotiations
without resort to mediation or arbitration.
ST AFF ANALYSIS
Staff has reviewed the Application and finds that the Statement of Terms and Conditions
set forth by Qwest, and accepted voluntarily by DSLnet, do not appear to contain any terms or
conditions that may be considered discriminatory or contrary to the public interest. Staff
believes that the Statement of Terms and Conditions along with the Exhibits are consistent with
the pro-competitive policies of this Commission, the Idaho Legislature, and Sections 251 and
271 of 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 the the Interconnection Agreement?
i:udmemos/adopting interconnection agreements/QWE-O9-04 Qwest and DSLnet COMMUNICATIONS LLC
DECISION MEMORANDUM - 2 -MARCH 12, 2009