20090427_2541.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
CO MMISSI 0 NER RED FO RD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:APRIL 21 , 2009
RE:APPLICA TION FOR APPROVAL OF AN AMENDED
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORA TION (QWEST) AND MCLEODUSA
TELECOMMUNICATIONS SERVICES, INc. DBA P AETEC BUSINESS
SERVICES. CASE NO. QWE-T",00-
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 US.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 if the terms of the agreement do not comply with the requirements of (Part 51)."
47 C.R. 9 51.3.
CURRENT APPLICATION
On April 9 2009 this Commission received an amended Interconnection Agreement
between Qwest Corporation and McLeodUSA Telecommunications Services, Inc. dba P AETEC
Business Services ("McLeodUSA") in Case No. QWE-00-
DECISION MEMORANDUM - 1 -APRIL 21 2009
This Amended Agreement sets forth the rate elements for Collocation contained in
Exhibit A as well as rate elements for engineering and installation labor.
STAFF ANALYSIS
Staff has reviewed the Application and finds that the Amended Application does not
appear to contain any terms or conditions that may be consider discriminatory or contrary to the
public interest. Staff believes that the Amended Agreement merits the Commission s approval.
COMMISSION DECISION
Does the Commission wish to accept and approve the amended Interconnection
Agreement?
i:udmemos/adopting interconnection agreements/QWE-O9-00 Qwest and McLeodUSA Telecommunications Services, Inc. dba PAETEC
Business Services
DECISION MEMORANDUM - 2 -APRIL 21 2009