20100601_2978.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEG AL
WORKING FILE
FROM:CAROLEE HALL
DATE:MA Y 24, 2010
RE:APPLICATION OF MILLENNIUM NETWORKS, LLC TO ADOPT THE
AGREEMENT BETWEEN QWEST CORPORATION (QWEST) AND
SIL VER STAR TELEPHONE COMPANY (SIL VERST AR). CASE NO.
QWE-1O-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. ~ 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.S.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.
CURRENT APPLICATION
On May 21 , 2010, this Commission received an Application from Millennium Networks
LLC requesting authority to adopt the Interconnection Agreement between Qwest Corporation
and Silver Star Telephone Company. See Case No. QWE-09-, Order No. 30953.
DECISION MEMORANDUM - 1 -MAY 24 2010
This Commission issued Order No. 31027 on March 17, 2010, granting Millennium
Networks a Certificate of Public Convenience and Necessity.
As stated in this Application, both parties request an expeditious approval process and
maintain that the Agreement was reached through voluntary negotiations.
ST AFF ANALYSIS
Staff has reviewed the Application to adopt the Interconnection Agreement between
Qwest and Silver Star. Staff is confident that the Silver Star agreement meets the terms and
conditions of this Commission and believes the adoption of that agreement is consistent with the
pro-competitive policies of this Commission, the Idaho Legislature, and Sections 251 ofthe
federal Telecommunications Act of 1996. Accordingly, Staff believes that the request to adopt
Silver Star s Interconnection Agreement with Qwest merits the Commission s approval.
COMMISSION DECISION
Does the Commission wish to accept and approve Millennium s request to adopt Silver
Star s Interconnection Agreement with Qwest?
i:udmemosfadopting interconnection agreementsfQWE-1 0-02 Qwest and Millennium Networks, LLC to adopt Silver Star Telephone Co. ICA
DECISION MEMORANDUM - 2 -MAY 24, 2010