20041116Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:GRACE SEAMAN
DATE:NOVEMBER 16, 2004
RE:QWEST CORPORATION AND RCC HOLDINGS, INC. APPLICATION
FOR APPROVAL OF AGREEMENT TO ADOPT T -MOBILE USA INC. fka
VOICE STREAM WIRELESS CORPORATION AGREEMENT;
CASE NO. QWE-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. 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 U.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 for Approval of Agreement between Qwest Corporation and RCC
Holdings, Inc. was filed on October 27 2004. The Application seeks approval to adopt T-Mobile
DECISION MEMORANDUM - 1 -NOVEMBER 16, 2004
USA Inc. fka VoiceStream Wireless Corporation Agreement, QWE-01-27 approved by the
Commission on February 28 2002 and amended on September 15 2004.
ST AFF ANALYSIS
Staffhas reviewed this Application and did not find any terms and conditions to be
discriminatory or contrary to the public interest. Staff believes this agreement is consistent with
the pro-competitive policies of this Commission, the Idaho Legislature, and the federal
Telecommunications Act. Accordingly, Staff believes that the Application merits the
Commission s approval.
COMMISSION DECISION
Does the Commission wish to approve Qwest's Application for Approval of Agreement?
ffiO-cp
Grace Seaman
i:udmemos/qwetO4.
DECISION MEMORANDUM - 2 -NOVEMBER 16, 2004