20050315Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:GRACE SEAMAN
DATE:MARCH 15, 2005
RE:STAFF REVIEW OF AMENDMENTS TO INTERCONNECTION
AGREEMENTS; CASE NOS. QWE-00-7; QWE-02-22; AND
QWE- T -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. 9
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.C. 9252(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
provisions of Sections 251(b) or (c)." Order No. 82427 at 11 (emphasis 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
no comply with the requirements of (Part 51)." 47 C.R. 9 51.3.
THE CURRENT APPLICATIONS
1. Qwest Corp. and McLeodUSA Telecommunications Services. Inc. (Case No.
QWE- T -00- 7)Amends the existing interconnection agreement approved by the
DECISION MEMORANDUM - 1 -MARCH 15, 2005
Commission on November 13 2000. This amendment incorporates terms, conditions and
rates for Expedites for Design Services.
2. Qwest Corp. and MCImetro Access Transmission Services. LLC (Case No.
QWE-02-22)Amends the existing interconnection agreement approved by the
Commission on November 21 2002. This amendment incorporates terms, conditions and
rates for Commercial Line-Sharing.
3. Qwest Corp. and Contact Communications. Inc. (Case No. QWE-03-
Amends the existing interconnection agreement approved by the Commission on January
2003. This amendment eliminates UNE-P and incorporates the implementation of Batch
Hot Cut Process.
STAFF ANALYSIS
Staff has reviewed the Applications and does not find that any terms or conditions
are discriminatory or contrary to the public interest. Staff believes that these Agreements
are consistent with the 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?
Ih D- ;i~
Grace Seaman
i:udmemos/qwe amends 3
DECISION MEMORANDUM - 2 -MARCH 15 , 2005