20050209Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:GRACE SEAMAN
DATE:FEBRUARY 2, 2005
RE:STAFF REVIEW OF AMENDMENTS TO INTERCONNECTION
AGREEMENTS; CASE NOS. QWE-03-26 AND QWE-04-12.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 D.C. 9252(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 D.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 provisions of Sections 251(b) or (c).
Order No. 82427 at 11 (emphasis 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 no comply with the requirements of (Part 51 ).
47 C.R. 9 51.3.
THE CURRENT APPLICATIONS
Qwest Corp. and ACN Communications Services. Inc.(Case No. QWE- T -03-26).
In this case, the parties seek approval to amend the existing Interconnection Agreement approved
by the Commission on November 17 2003. The Amendment eliminates UNE-P and
incorporates the implementation of Batch Hot Cut process and discounts.
DECISION MEMORANDUM - 1 -FEBRUARY 2, 2005
Qwest Corp. and 1-800-Reconex. Inc. dba DSTel.(Case No. QWE-04-12). In
this case, the parties seek approval to amend the existing Interconnection Agreement approved
by the Commission on June 22 2004. The Amendment incorporates the Triennial Review Order
(TRO) and the USTA II Decision.
ST AFF ANALYSIS
Staffhas reviewed the Applications and does not find that any terms or conditions are
discriminatory or contrary to the public interest. Staffbelieves that the Amendments are
consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the
federal Telecommunications Act. Accordingly, Staff recommends Commission approval of the
Amendments.
COMMISSION DECISION
Does the Commission wish to approve the Applications for Approval of Amendment to
the Interconnection Agreements?
fh a ~luA-
Grace Seaman
i:udmemos/QWE Amends
DECISION MEMORANDUM - 2-FEBRUARY 2, 2005