20041001Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:GRACE SEAMAN
DATE:OCTOBER 1 , 2004
RE:INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION AND QWEST COMMUNICATIONS CORPORATION;
CASE NO. QWE- T -04-
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)(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. ~ 252(e)(2)(A). As the Commission recently 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 provisions of Sections 251 (b)
or (c)." Order No. 82427 at 11 (emphasis original). This comports with the FCC's statement that
a state commission shall have authority to approve an interconnection agreement adopted by
negotiation even if the terms of the agreement do no comply with the requirements of (Part 51).
47 C.R. ~ 51.3.
THE CURRENT APPLI CA TI
The Joint Application for Approval of an Interconnection Agreement between Qwest
Corporation (QC) and Qwest Communications Corporation (QCC) was filed on August 30, 2004.
The Application seeks approval of the Parties' interconnection agreement for the provision of
Qwest's local exchange services. Included are terms and conditions for interconnection
DECISION MEMORANDUM - 1 -OCTOBER 1 , 2004
unbundled network elements, ancillary services, and resale of telecommunications services as
outlined in the Third Revision of Qwest' s Idaho Statement of Generally Available Terms and
Conditions (SGAT), effective May 24, 2002 (July 25, 2002 Errata).
STAFF ANALYSIS
An Application between Qwest and its subsidiary necessitated a circumspect review of
this filing to ensure the agreement did not contain discriminatory terms and conditions. After
close review, Staff did not find that any terms or conditions are discriminatory or contrary to the
public interest. Additionally, similar Applications between QC and QCC have been approved in
other states. Based upon the review of these state commissions and Staff s own examination
Staff believes the agreement merits the Commission s approval.
COMMISSION DECISION
Does the Commission wish to approve Qwest's Application for Approval of
Interconnection Agreement?
~~(P
Grace Seaman
i:udmemosQWETO4.23 QCC
DECISION MEMORANDUM - 2-OCTOBER 1 , 2004