20041129Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:NOVEMBER 24, 2004
RE:APPLICATIONS FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENTS BETWEEN QWEST
CORPORATION AND LIGHTYEAR NETWORK SOLUTIONS, LLC,
AND CONTACT COMMUNICATIONS, INC.; CASE NOS. QWE-03-
AND Q WE- T -04-
BACKGROUND
Under the provision 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 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. 9252(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. 9 51.3.
CURRENT APPLICATIONS
1. Qwest Corporation and Contact Communications. Inc. Case No. QWE-03-3 filed
October 1. 2004.Contact and Qwest agreed to amend the terms, conditions and rates
DECISION MEMORANDUM - 1 -NOVEMBER 24, 2004
for Commercial Line-Sharing, as set forth in the Attachments 1 and Exhibit A that are
attached and incorporated into its filing.
2. Qwest Corporation and Light year Network Solutions. LLC. Case No. QWE- T -04-
filed November 9.2004.Qwest and Light year have agreed to amend the terms
conditions and rates for Qwest DSL (with discount) provided with Unbundled
Network Element Platform (UNE-P) as set forth in Attachment 1 and Exhibit A
attached and incorporated into its filing.
ST AFF ANALYSIS
Staff has reviewed the Applications and does not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest. Staff believes that these
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
these amendments merit the Commission s approval.
COMMISSION DECISION
Does the Commission wish to accept and approve the above mentioned amendments to
the Interconnection Agreements?
u/chall/decision memos/adopting interconnection agreements/contact communications, inc and lightyear network solutions, llc
DECISION MEMORANDUM - 2 -NOVEMBER 24, 2004