20061120_1735.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:NOVEMBER 13, 2006
RE:JOINT APPLICATION BETWEEN QWEST CORPORATION (QWEST)
AND DIECA COMMUNICATIONS, INC. DBA COV AD COMMUNICATIONS
COMPANY FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETWEEN THE COMPANIES.
CASE NO. QWE- T -05-19.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 US.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 US.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 "a 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. ~ 51.3.
CURRENT APPLI CA TI 0
Qwest and COV AD's Application for Approval of the Amendment to the Interconnection
Agreement ("Amendment"). which was approved by the Idaho Public Utilities Commission on October
12.2005 (the "Agreement). Case No. QWE-05-19.
DECISION MEMORANDUM - 1 -NOVEMBER 13, 2006
The Application for Approval of Amendment to the interconnection Agreement between
Qwest and COV AD states that the parties are jointly filing and that this Amendment was reached
through voluntary negotiations without resort to mediation. This Amendment provides for limited time
promotional rates for Available Inventory Collocations on Available Inventory Sites. The promotional
rates are only valid for Available Inventory applications received between October 1 2006 and
December 31 2006.
STAFF ANALYSIS AND RECOMMENDATION
Staff has reviewed the Application and Agreement 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 and Amendment are consistent with the pro-competitive policies of this Commission, the
Idaho Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff believes that
the Agreement and Amendment merit the Commission s approval.
COMMISSION DECISION
Does the Commission agree?
i:udmemos/ Adopting Interconnection Agreements/QWE- T -05-19 Qwest and COV AD amend
DECISION MEMORANDUM - 2 -NOVEMBER 13, 2006