20060626Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JUNE 22, 2006
RE:JOINT APPLICATION BETWEEN QWEST CO~ORATION ("QWEST"
AND SPRINT COMMUNICATIONS, L.P. ("SPRINT") FOR APPROVAL TO
AMEND THE INTERCONNECTION AGREEMENT BETWEEN THE
COMPANIES. CASE NO. QWE-04-
JOINT APPLICATION BETWEEN QWEST CORPORATION ("QWEST"
AND ACN COMMUNICATIONS SERVICES, INc. ("ACN") FOR
APPROVAL TO AMEND THE INTERCONNECTION AGREEMENT
BETWEEN THE COMPANIES. CASE NO. QWE- T -03-26.
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 ifit finds that the agreement: (1)
discriminates against a telecommunications carrier not a party to the agreement; or (2)
implementation ofthe agreement is not consistent with the public interest, convenience and necessity.
47 US.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 "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.
DECISION MEMORANDUM - 1 -ruNE 22, 2006
CURRENT APPLICATIONS
1. Qwest and Sprint's Application for Approval to amend the Interconnection Agreement
Amendment") that was approved by the Idaho Public Utilities Commission on January 13. 2004. as
referenced in Case No. QWE- T -04-1. Order No. 29417.
The Application for Approval of Amendment to the interconnection agreement between
Qwest and Sprint states that the parties are jointly filing and that this Amendment was reached
through voluntary negotiations without resort to mediation. This is an Amendment to incorporate the
Triennial Review Order ("TRO") and the Triennial Review Remand Order ("TRRO") into the
interconnection agreement as set forth in Attachment 1 and Exhibit A, attached and incorporated into
this filing.
2. Qwest and ACN's Application for Approval to amend the Interconnection Agreement
Amendment") that was approved by the Idaho Public Utilities Commission on November 17.2003.
as referenced in Case No. QWE- T -03-26.
The Application for Approval of Amendment to the interconnection agreement between
Qwest and ACN states that the parties are jointly filing and that this Amendment was reached through
voluntary negotiations without resort to mediation. This is an Amendment to incorporate the
Triennial Review Order ("TRO") and the Triennial Review Remand Order ("TRRO") into the
interconnection agreement as set forth in Attachment 1 and Exhibit A, attached and incorporated into
this filing.
STAFF ANALYSIS AND RECOMMENDATION
Staff has reviewed the Applications and Agreements of the companies and does not find any
terms or conditions that it considers to be discriminatory or contrary to the public interest. Staff
believes that the Agreements and 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 Agreements and Amendments merit the Commission s approval.
DECISION MEMORANDUM - 2 -ruNE 22, 2006
COMMISSION DECISION
Does the Commission agree?
i:udmemos/Adopting Interconnection Agreements/QWE-O4-01 and QWE-O3-26 Qwest and Sprint, ACN
DECISION MEMORANDUM - 3 -ruNE 22, 2006