20090706_2617.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
CO MMISSI 0 NER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JUNE 23, 2009
RE:APPLICATION FOR APPROVAL TO AMEND AN INTERCONNECTION
AGREEMENT BETWEEN QWEST CORPORATION ("QWEST") AND
LEVEL 3 COMMUNICATIONS, LLc. ("LEVEL 3"
CASE NO. QWE-02-
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.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 June 17 2009 , this Commission received an amendment to the Interconnection
Agreement that was originally approved by this Commission on May 22 2002, in Case No.
QWE-02-8. Since then there have been a number of amendments submitted and approved.
DECISION MEMORANDUM - 1 -JUNE 23, 2009
With this filing the companies are seeking approval to add terms and conditions that will
modify 8XX Third Party Carrier traffic. As defined in Attachment 1 of the filing, "8XX Third
Party Carrier" is a wireless telecommunications provider whose originating toll free traffic
transits the CLEC's network and routes the traffic to an Interexchange Carrier (IXCs) served by
Qwest. The Agreement also sets out provisions for billing and interconnecting for jointly
provided switched access traffic.
According to the parties this Agreement was reached through voluntary negotiations
without resort to mediation or arbitration.
STAFF ANALYSIS
Staff has reviewed the Amended Application and finds that it 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 Application is consistent with the pro-competitive policies of
this Commission, the Idaho Legislature, and Sections 251 , 252 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-O2-08 Qwest and Level 3
DECISION MEMORANDUM - 2 -JUNE 23 , 2009