20050107Decision Memo.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER KJELLAND ER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
W 0 RKIN G FILE
FROM:CAROLEE HALL
DATE:JANUARY 6, 2005
RE:APPLICATION FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION (QWEST) AND TIME WARNER TELECOM OF
IDAHO LLC (TIME WARNER); CASE NUMBER QWE- T -04-20.
BACKGROUND
Dnder the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 D.C. 9252(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. 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. Qwest Corporation and Time Warner. Case No. QWE-04-20 filed December 16
2004. The Amendment jointly entered into between Qwest and Time Warner
DECISION MEMORANDUM - 1 -JANUARY 6, 2005
provides for a limited time, promotional rates for Available Inventory Collocations on
Available Inventory Sites. The promotional rates are to expire on March 31 , 2005.
ST AFF ANALYSIS
Staff has reviewed the Application and does not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest. Staff believes that the
amendment is consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff believes that
the amendment merits the Commission s approval.
COMMISSION DECISION
Does the Commission wish to accept and approve the amendment to the Interconnection
Agreement?
i:udmemos/adopting interconnection agreements/QWE- T-O4-20 Time Warner
DECISION MEMORANDUM - 2-JANUARY 6, 2005