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HomeMy WebLinkAbout20050812Decision memo.pdfDECISION MEMORANDUM TO:CO MMISSI 0 NER KJELLAND ER CO MMISSI 0 NER SMITH COMMISSIONER HANSEN LEGAL WORKING FILE FROM:CAROLEE HALL DATE:AUGUST 9, 2005 RE:QWEST CORPORATION (QWEST) AND NORTHSTAR TELECOM INC., A WHOLLY OWNED SUBSIDIARY OF MIDWEST MARKETING GROUP, INC. ("NORTHSTAR") APPLICATION FOR APPROVAL TO AMEND THEIR INTERCONNECTION AGREEMENT. CASE NO. QWE- T -04-26. QWEST CORPORATION (QWEST) AND VYCERA COMMUNICATIONS, INC. ("VYCERA") APPLICATION FOR APPROVAL TO AMEND THEIR INTERCONNECTION AGREEMENT. CASE NO. QWE-05-04. QWEST CORPORATION (QWEST) AND 1-800 RECONNECTS, INC. DBA USTEL ("800-RECONEX") APPLICATION FOR APPROVAL TO AMEND THEIR INTERCONNECTION AGREEMENT. CASE NO. QWE- T -04-12. 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 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. ~ 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 " state commission shall have authority to approve an interconnection agreement adopted by DECISION MEMORANDUM - 1 -AUGUST 9, 2005 negotiation even if the terms of the agreement do not comply with the requirements of (Part 51). 47 C.R. ~ 51.3. CURRENT APPLICATION 1. Qwest and NorthStar s Agreement to amend their Interconnection Agreement in Case No. QWE- T -04-The original Agreement was approved by the Idaho Public Utilities Commission on December 29 2004 (the "Agreement"). In this filing the Companies agree to incorporate the Triennial Review Order ("TRRO") into the Interconnection Agreement between the parties. To the extent applicable, the Agreement will eliminate certain Dnbundled Network Elements ("UNEs ) or add terms and conditions for certain UNEs as set forth in Attachment and Exhibit A of this filing. 2. Qwest and Vycera s Agreement to amend their Interconnection Agreement in Case No. QWE- T -05-The original Agreement was approved by the Idaho Public Utilities Commission on May 5, 2005 (the "Agreement"). In this filing the Companies agree to amend Exhibit A of the Agreement by adding the rates for Directory Assistance and Toll and Assistance Operator Services as set forth in the amended Exhibit A that is attached with this filing. 3. Qwest and 1-800-Reconex s Agreement to amend their Interconnection Agreement in Case No. QWE- T -04-The original Agreement was approved by the Idaho Public Dtilities Commission on June 22, 2004 (the "Agreement"). In this filing the Companies agree to incorporate the Triennial Review Order ("TRRO") into the Interconnection Agreement between the parties. To the extent applicable, the Agreement will eliminate certain Unbundled Network Elements ("UNEs ) or add terms and conditions for certain UNEs as set forth in Attachment and Exhibit A of this filing. DECISION MEMORANDUM - 2-AUGUST 9 , 2005 STAFF ANALYSIS AND RECOMMENDATION The Staff has reviewed the Applications and Agreements and does not find any terms or conditions that it considers to be discriminatory or contrary to the public interest. Staff believes that the 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 amendments merit the Commission s approval. COMMISSION DECISION Does the Commission agree? ~ './ Cftrlee Hall u/chall/decision memos/adopting interconnection agreements/QWE-O4-26 NORTHSTAR; QWE-O5-4 VYCERA AND QWE-O4-12 1- 800-RECONEX DECISION MEMORANDUM - 3 -AUGUST 9, 2005