20040629Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
W 0 RKIN G FILE
FROM:DOUG COOLEY
ATE:JUNE 28, 2004
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS; CASE
NOS. QWE-04-17, QWE-03-18, QWE-04-, QWE-04-
QWE-04-, QWE-OO-ll AND QWE-04-15.
BACKGROUND
Under the provisions of the Federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 V.C. ~ 252(e)(1). The
Commission may reject an agreement adopted by negotiations only if it 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 V.C. ~ 252(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. ~ 51.3.
THE CURRENT APPLICATIONS
The Commission has been asked to approve five interconnection agreements and two
amendments to an existing interconnection agreement. The items are discussed in greater detail
below.
DECISION MEMORANDUM JUNE 28, 2004
1. Qwest Corporation and Ionex Communications North. Inc. (Case No. QWE-04-17t
In this Application, the parties request that the Commission approve an agreement related to
operator services and directory assistance.
2. Qwest Corporation and IDACOMM. Inc. (Case No. QWE-03-18t In this case, the
parties request that the Commission approve an amendment to an existing agreement. With this
filing, terms and conditions are added regarding collocation available inventory.
3. Qwest Corporation and 1-800-Reconex. Inc. dba US Tel. (Case No. QWE-04-12t
this case, the parties request that the Commission approve an interconnection agreement. The terms
are similar to those already approved by this Commission and commonly known as Qwest's Third
Revision of its SGAT.
4. Qwest Corporation and OrbitCom. Inc. (Case No. QWE-04-13t In this case, the
parties request that the Commission approve an interconnection agreement. OrbitCom wishes to
enter into Qwest's SGAT and Exhibits A through M for the state of Idaho.
5. Qwest Corporation and Covista. Inc. (Case No. QWE-04-14t In this case, the parties
request that the Commission approve an interconnection agreement. Covista wishes to enter into
Qwest's SGAT and Exhibits A through M for the state of Idaho.
6. Qwest Corporation and CTC Telecom. Inc. (Case No. QWE-04-15).:.In this
Application, the parties request that the Commission approve an agreement related to operator
servIces.
7. Qwest Corporation and Silver Star Telephone Company. Inc. (Case No. QWE-00-l1)
In this case, the parties request that the Commission approve an amendment to an existing
agreement. With this filing, Silver Star adopts Exhibit A of Qwest's SGA
ST AFF 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.
DECISION MEMORANDUM JUNE 28 , 2004
COMMISSION DECISION
Does the Commission approve the Applications for interconnection and amendments to
existing interconnection agreements?
DC:udmemos/intcn dec memo 35
DECISION MEMORANDUM
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DOU
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JUNE 28 , 2004