20070619Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:GRACE SEAMAN
DATE:JUNE 19, 2007
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS: CASE
NOS. QWE-02-01; QWE-02-12 AND QWE-04-19.
BACKGROUND
Under the provisions 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 of the agreement is not consistent with the public interest, convenience and
necessity. 47 US.C. ~ 252(e)(2)(A).
CURRENT APPLICATIONS
On June 14 2007, the Commission received three Applications for approval of
amendment to the interconnection agreements. The Applications are discussed in greater detail
below.
1. Owest Corporation and Comtel Te1com Assets LP dba Vartec Telecom (Case No.
OWE-02-01). In this filing, the parties request to amend an existing agreement approved by
the Commission on August 22, 2002. The amendment incorporates payment terms in
accordance with the Stipulation and Order as approved by the United States Bankruptcy Court
for the District of North em Texas, Dallas Division in Case No. 04-81694-HDH-11.
DECISION MEMORANDUM - 1 -JUNE 19, 2007
2. Owest Corporation and Comtel Telcom Assets LP dba Excel Telecommunications
(Case No. OWE- T -02-12). In this case, the parties request to amend an existing agreement
approved by the Commission on August 22, 2002. The amendment incorporates the same
payment terms as outlined above in Case No. QWE-02-01.
3. Qwest Corporation and Lightvear Network Solutions LLC (Case No. OWE- T -04-19).
In this Application, the parties request to amend an existing agreement approved by the
Commission on August 2, 2004. The amendment incorporates the Triennial Review Order and
Triennial Review Remand Order (TRO/TRRO).
STAFF ANALYSIS
Staff has reviewed the Applications and does not find that any terms or conditions are
discriminatory or contrary to the public interest. Staff believes that the Applications are
consistent with the FCC orders and pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act. Accordingly, Staff recommends
Commission approval of the Applications for Approval of Amendment to the Interconnection
Agreements.
COMMISSION DECISION
Does the Commission wish to approve these Applications?
4(LLO
race Seaman
i: udmemos/ qwe-amends6-
DECISION MEMORANDUM - 2 -JUNE 19 2007