20050121Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION STAFF
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JANUARY 21, 2005
RE:QWEST CORPORATION (QWEST) AND ORBIT COM, INC. (CASE NO.
QWE-04-13) APPLICATION FOR APPROVAL TO AMEND THEIR
INTERCONNECTION AGREEMENT.
QWEST CORPORATION (QWEST) AND CONTACT
COMMUNICATIONS, INC. FOR APPROVAL OF A WIRE LINE
INTERCONNECTION AGREEMENT IN CASE NO. QWE- T -03-
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 V.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 "
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.
DECISION MEMORANDUM - 1 -JANUARY 21 , 2005
CURRENT APPLI CA TI ON
1. Qwest and OrbitCom s Agreement amend their Interconnection Agreement
QWE-04-. In this filing the companies agree to eliminate the Unbundled Network Element
Platform (UNE-P) and to implement Batch Hot Cut Process with discounts.
2. Qwest and Contact Communication QWE- T -03-. This Application and
Agreement between the companies provides for limited time, promotional rates for Available
Inventory Collocations on Available Inventory Sites, which are identified on Qwest's web site.
This promotion is set to expire on March 31 , 2005.
ST AFF ANALYSIS AND RECOMMENDATION
The Staffhas 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 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 -03-3 CONTACT COMMUNICATIONS AND QWE- T -04-
ORBITCOM
DECISION MEMORANDUM - 2-JANUARY 21 2005