20041217Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:DECEMBER 16, 2004
RE:APPLICATION FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION (QWEST) AND CTC TELECOM, INC. (CTC);
CASE NO. QWE-04-15.
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 APPLICATION
1. Owest and CTC' s Application for Approval of the Amendment to the Interconnection
Agreement ("Amendment"), which was approved by the Idaho Public Utilities Commission on
July 8, 2004 (the "Agreementt
DECISION MEMORANDUM - 1 -DECEMBER 16, 2004
The Application for Approval of Amendment to the interconnection Agreement between
Qwest and CTC states that the parties are jointly filing and that this Amendment was reached
through voluntary negotiations without resort to mediation. The Agreement amends the terms
conditions and rates for Local Number Portability (LNP) as set forth in Attachment 1 and Exhibit
A to the Amendment, attached and incorporated into the filing.
STAFF ANALYSIS AND RECOMMENDATION
The Staff has reviewed the Application and Agreement and does not find any terms or
conditions that it considers to be discriminatory or contrary to the public interest. Staff believes
that the Agreement and Amendment 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 Agreement and Amendment merit the Commission
approval.
COMMISSION DECISION
Does the Commission agree?
u/chall/decision memos/adopting interconnection agreements/QWE-O4-15 APPLICATION of Qwest Corp and CTC Telecom
DECISION MEMORANDUM - 2-DECEMBER 16 2004