20051107Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:NOVEMBER 7,2005
RE:QWEST CORPORATION (QWEST) AND NTCH-Idaho, Inc. ("NTCH"
APPLICATION FOR APPROVAL TO AMEND THEIR INTERCONNECTION
AGREEMENT. CASE NO. QWE-00-18.
QWEST CORPORATION (QWEST) AND TIME WARNER TELECOM OF
IDAHO LLC ("Time Warner ) APPLICATION FOR APPROVAL
TO AMEND THEIR INTERCONNECTION AGREEMENT.
CASE NO. QWE- T -04-20.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996 , interconnection
agreements must be submitted to the Commission for approval. 47 U.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 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 J." 47 C.R. ~ 51.
CURRENT APPLICATION
1. Qwest and NTCH's Agreement to amend their Interconnection Agreement in Case No.
QWE-00-. The original Agreement was approved by the Idaho Public Utilities Commission on
DECISION MEMORANDUM - 1 -NOVEMBER 7, 2005
January 26 , 2001 (the "Agreement"). In this filing the Companies agree to incorporate the Triennial
Review Order ("TRRO") into the Interconnection Agreement between the parties. To the extent
applicable, the Agreement will eliminate certain Unbundled Network Elements ("UNEs ) or add terms
and conditions for certain UNEs as set forth in Attachment 1 with this filing.
2. Qwest and Time Warner s Agreement to amend their Interconnection Agreement in Case
No. QWE- T -04-20.The original Agreement was approved by the Idaho Public Utilities Commission
on August 2, 2004 (the "Agreement"). With this filing the Companies agree to incorporate the
Triennial Review Order ("TRRO") into the Interconnection Agreement between the parties. To the
extent applicable, the Agreement will eliminate certain Unbundled Network Elements ("UNEs ) or
add terms and conditions for certain UNEs as set forth in Attachment 1 and Exhibit A attached and
incorporated with this filing.
STAFF ANALYSIS AND RECOMMENDATION
The Staffhas reviewed the Applications and Agreements and does not find any terms or
conditions that it considers to be discriminatory or contrary to the public interest. Staff believes that
the amendments 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
amendments merit the Commission s approval.
COMMISSION DECISION
Does the Commission agree?
u/chall/decision memos/adopting interconnection agreements/QWE- T-00-18 NTCH-ldaho, QWE- T -04-20 Timer Warner.
DECISION MEMORANDUM - 2 -NOVEMBER 7 2005