20040917Decision Memo.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER KJELLAND ER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:DOUG COOLEY
DATE:SEPTEMBER 15, 2004
RE:ST AFF REVIEW OF INTERCONNECTION AGREEMENTS;
CASE NOS. QWE-03-18, CEN-04-01 AND CGS-04-01.
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)(I). 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 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. 9 51.3.
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 SEPTEMBER 15 2004
1. CenturyTel of Idaho / CenturyTel of the Gem State and and Verizon Wireless (Case Nos.
CEN - T -04-0 1/CGS- T -04-01 ). In this Application, the parties request that the Commission approve
a wireless interconnection agreement similar to other agreements entered into by CenturyTei. The
agreement will apply to Verizon wireless and both CenturyTel of Idaho and CenturyTel of the Gem
State.
2. Qwest Corporation and IDACOMM, Inc. (Case No. QWE- T -03-18). In this case, the
parties request that the Commission approve an amendment to an existing agreement. With this
filing, the parties add terms and conditions regarding single point of presence (SPOP).
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
approval.
COMMISSION DECISION
Does the Commission approve the Application for interconnection and amendment to
existing interconnection agreements?
udmenos/intcn dec memo 38
DECISION MEMORANDUM SEPTEMBER 15 2004