20040112Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:DOUG COOLEY
DATE:JANUARY 6, 2004
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS; CASE
NOS. QWE-02-6 AND QWE-04-
BACKGROUND
Under the provisions of the Federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. 9252(e)(1). The
Commission may reject an agreement adopted by negotiations only ifit finds that the agreement:
(1) discriminates against 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 recently 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 with Section
251(b) or (c)." Order No. 28427 at 11 (emphasis original). This comports with the FCC'
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. 951.3.
THE CURRENT APPLICATIONS
The Commission has been asked to approve one interconnection agreement and one
amendment to an existing interconnection agreement. The items are discussed in greater detail
below.
DECISION MEMORANDUM JANUARY 6, 2004
1. Qwest Corporation and InteraTel LLC. (Case No. QWE- T -02-6).In this Application
the parties request that the Commission approve an amendment to an existing interconnection
agreement. The amendment adds new rates for Exhibit A in Qwest's Statement of Generally
Available Terms (SGAT).
2. Qwest Corporation and Sprint Communications Company (Case No. QWE- T -04-1 ).
this Application, the parties request that the Commission approve an interconnection agreement.
The terms of the agreement are similar to those in other agreements that have been approved by this
Commission.
STAFF ANALYSIS
Staff has reviewed the Applications and did not find that any terms or conditions are
discriminatory or contrary to the public interest. Staff believes that the agreements are consistent
with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal
Telecommunications Act. Accordingly, Staff believes that the agreements merit the
Commission s approval.
COMMISSION DECISION
Does the Commission approve the Applications for interconnection and amendment to
existing interconnection agreements?
i:dmemolintc dm32
DECISION MEMORANDUM JANUARY 6, 2004