20050228Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:GRACE SEAMAN
DATE:FEBRUARY 28, 2005
RE:STAFF REVIEW OF AMENDMENTS TO INTERCONNECTION
AGREEMENTS; CASE NOS. QWE-04-9; QWE-04-12; QWE-01-15;
QWE-00-13; USW-00-5; QWE-7; AND QWE-03-
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. ~ 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 U.C. ~ 252(e)(2)(A).
THE CURRENT APPLICATIONS
The Commission has bt:(en asked to approve amendments to existing interconnection
agreements. According to the filings, the amendments are a result of regulatory uncertainty in
light of the DC Circuit Court's decision in the United States Telecom Association v. FCC , 359
F3d 554 (March 2, 2004). The filings address arrangement for the continued availability of
Qwest services that are technically and functionally equivalent to the June 14 2004 UNE-
arrangements. All amendments remove UNE-P from the existing agreements and incorporate
both the implementation of Batch Hot Cut process and rate discounts. Each filing is discussed in
greater detail below.
DECISION MEMORANDUM - 1 -FEBRUARY 28, 2005
1. Qwest Corp. and AT&T Communications of the Mountain States. Inc. (Case No.
QWE- T -04-Amends the existing interconnection agreement approved by the Commission on
June 22, 2004. This filing includes Batch Hot Cut installations, but not the rate discounts.
2. Qwest Corp. and 1-800-Reconex (Case No. QWE-04-12)Amends the existing
interconnection agreement approved by the Commission on June 22 2004.
3. Qwest Corp. and Preferred Carrier Services. Inc. dba Phones for All (Case No.
QWE- T -01-15)Amends the existing interconnection agreement approved by the Commission
on August 22, 2001.
4. Qwest Corp. and Eschelon Telecom. Inc. (Case No. QWE-00-13)Amends the
existing interconnection agreement approved by the Commission on November 20 2000.
5. Qwest Corp. and Integra Telecom of Idaho. Inc. (Case No. USW-00-Amends
the existing interconnection agreement approved by the Commission on April 26, 2000.
6. Qwest Corp. and McLeodUSA Telecommunications Services. Inc. (Case No.
QWE- T -00- 7). Amends the existing interconnection agreement approved by the Commission on
November 13 2000.
7. Qwest Corp. and IDACOMM. Inc. (Case No. QWE-03-18)Amends the existing
interconnection agreement approved by the Commission on August 28, 2003
STAFF ANALYSIS
Staff has reviewed the Applications and does not find that any tenns or conditions are
discriminatory or contrary to the public interest. Staff believes that the Amendments are
consistent with the recent FCC orders and pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act. Accordingly, Staff recommends
Commission approval of the amendments.
COMMISSION DECISION
Does the Commission wish to approve these amendments?
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Grace Seaman
i:udmemos/qwe amends 2-
DECISION MEMORANDUM - 2 -FEBRUARY 28, 2005