20041217Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
LEGAL
W 0 RKIN G FILE
FROM:GRACE SEAMAN
DATE:DECEMBER 14, 2004
RE:QWEST CORPORATION AND NORTHSTAR TELECOM, INC.
APPLICATION FOR APPROVAL OF AMENDMENT TO
INTERCONNECTION AGREEMENT; CASE NO. QWE- T -04-26.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 V.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 V.C. 9252(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. 9 51.3.
THE CURRENT APPLICATION
The Joint Application by Qwest and NorthStar Telecom, Inc., seeks approval to amend
the existing Interconnection Agreement approved by the Commission on December 6, 2004.
The amendment incorporates the Triennial Review Order (TRO) and the VSTA II Decision.
DECISION MEMORANDUM - 1 -DECEMBER 14 2004
ST AFF ANALYSIS
Staff has reviewed the Application and does not find that any terms or conditions are
discriminatory or contrary to the public interest. Staff believes that the agreement is consistent
with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal
Telecommunications Act. Accordingly, Staff recommends Commission approval of the
amendment.
COMMISSION DECISION
Does the Commission wish to approve the Application for amendment to the existing
interconnection agreement?
Grace Seaman
i:udmemos/qwe t 04 26 NorthStar2
DECISION MEMORANDUM - 2 -DECEMBER 14 2004