20060906Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:WAYNE HART
DATE:SEPTEMBER 6, 2006
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS AND
AMENDMENTS; CASE NOS. QWE-02-, QWE-02-, QWE-04-
QWE-04-, QWE-06-15 and QWE-06-18.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 US.C. ~ 252(e)(l). 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. ~ 252(e)(2)(A).
THE CURRENT APPLICATIONS
1. Owest and Comtel Assets LP dba VarTec Telecom (Case No. QWE-02-1). This
Application seeks approval of the Triennial Review Order and Triennial Review Remand Order
(TRO/TRRO) Amendment. This amendment adds terms to implement the provisions of the FCC'
TRO and TRRO decisions. The Commission has previously approved this amendment in other cases.
2. Owest and Comtel Assets LP dba Excel Telecommunications (QWE-02-12). This
Application seeks approval of the Triennial Review Order and Triennial Review Remand Order
(TRO/TRRO) Amendment. This amendment adds terms to implement the provisions of the FCC'
TRO and TRRO decisions. The Commission has previously approved this amendment in other cases.
DECISION MEMORANDUM - 1 -SEPTEMBER 6 , 2006
3. Qwest and AT&T Communications of the Mountain States, Inc.(Case No QWE-04-9).
This Application seeks approval of the Triennial Review Order and Triennial Review Remand
Order (TRO/TRRO) Amendment. This amendment adds terms to implement the provisions of the
FCC's TRO and TRRO decisions. The Commission has previously approved this amendment in
other cases.
4. Ow est Corporation and Owest Communications Corporation (QWE-04-23).
This Application seeks approval of the Triennial Review Order and Triennial Review Remand Order
(TRO/TRRO) Amendment. This amendment adds terms to implement the provisions ofthe FCC'
TRO and TRRO decisions. The Commission has previously approved this amendment in other cases.
5. Owest and Metrocal1. Inc. (Case No OWE-06-15).
This Application seeks approval of a Type 1 and Type 2 Paging Connections Service Agreement.
The agreement contains terms and conditions similar to other paging agreements previously approved
by this Commission.
6. Owest and YMax Communications Corp. (Case No. OWE-06-18)
This Application seeks approval of a new agreement that follows Qwest's 14 State negotiations
template. The terms are similar to those in previously approved agreements.
STAFF ANAL YSIS
The Staff has reviewed all of these Applications and did not find any terms and conditions
that it considers to be discriminatory or contrary to the public interest. Staff believes that these
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 these Agreements and Amendments to previously approved interconnection agreements merit the
Commission s approval.
COMMISSION DECISION
Does the Commission wish to approve the Applications for Approval of the Interconnection
Agreements and Amendments listed above?
i:dmemos/intc dm 9
DECISION MEMORANDUM - 2 -SEPTEMBER 6, 2006