20100505_2947.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
COMMISSIONER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEG AL
WORKING FILE
FROM:CAROLEE HALL
DATE:MAY 3, 2010
RE:APPLICA TION FOR APPROVAL TO AMEND AN INTERCONNECTION
AGREEMENT BETWEEN QWEST CORPORATION ("QWEST"
AND EL TOPIA COMMUNICATIONS, LLc. ("EL TOPIA"); CASE NO.
QWE- T -08-
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. 9 252(e)(I). 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. 9 252(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 J.
47 C.R. 9 51.
APPLICA TION
On April 23 , 2010, Qwest and Eltopia filed an Amendment to an Interconnection
Agreement in Case No. QWE-08-6. The original Agreement was approved by this
Commission on July 2, 2008. This Amendment states that the Agreement was reached through
DECISION MEMORANDUM - 1 -MAY 3 , 2010
voluntary negotiations. The Amendment adds terms and conditions for Single Point of Presence
SPOP") I in the LATA, as set forth in the Attachments 1 and 2 of the Application. The
Amendment also expressly sets out terms regarding American Recovery and Reinvestment Act
language.
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. Staff believes that the
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:udmemos/QWE-O8-06 Qwest Corporation and Eltopia Communications, LLC - Amendment
I spap in the LATA is a Local Interconnection Service (LIS) Interconnection trunking option that allows the CLEC
to establish one physical point of presence in the LATA in Qwest's territory. Qwest and the CLEC may then
exchange traffic at the CLEC's spap.
DECISION MEMORANDUM - 2 -MAY 3, 2010