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HomeMy WebLinkAbout20061120_1743.pdfDECISION MEMORANDUM TO:COMMISSIONER KJELLANDER COMMISSIONER SMITH CO MMISSI 0 NER HANSEN COMMISSION SECRETARY LEGAL WORKING FILE FROM:CAROLEE HALL DATE:NOVEMBER 17, 2006 RE:JOINT APPLICATION OF QWEST CORPORATION (QWEST) AND CTC TELECOM, INC. (CTC) SEEKING APPROVAL OF AN AMENDMENT TO THE INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~ 252(E) IN CASE NO. USW-98-09. 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)(I). The Commission may reject an agreement adopted by negotiations only ifit 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. ~ 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 N Owest and CTC's Application for Approval of the Amendment to the Interconnection Agreement ("Amendment"). which was approved by the Idaho Public Utilities Commission on September 25. 1998 (the "Agreement). DECISION MEMORANDUM - 1 -NOVEMBER 17, 2006 The Amendment to the original Agreement between the companies states that the parties are jointly filing and that this Amendment was reached through voluntary negotiations without resort to mediation. This Amendment incorporates the Triennial Review Order ("TRO") and the Triennial Review Remand Order ("TRRO") and is attached as Attachment 1 and Exhibit A to this filing. 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:udmemosUSW-98-09 Qwest and CTC TELECOM, INc. DECISION MEMORANDUM - 2 -NOVEMBER 17, 2006