20050429Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:WAYNE HART
DATE:APRIL 29, 2005
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS AND
AMENDMENTS: CASE NOS. USW-98-22; QWEn 05-3; QWE-05-
QWE- T -05-5; QWE- T -05-6; AND QWE- T -05-
BACKGROUND
Under the provisions 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).
THE CURRENT APPLICATIONS
1. Qwest and Advanced Telcom. Inc. (Case No. USW-98-22t This is an Application for
approval of an amendment to an existing agreement. The amendment provided for the Elimination of
UNE-P and Implementation of Batch Hot Cut Process and Discounts. This is essentially the same
amendment previously approved by the Commission in Order No. 29580. This amendment is a
complement to the Master Services Agreement between the companies which Qwest filed for
informational purposes, and which was subsequently jointly filed by Advanced Telcom and Eschelon
as an interconnection agreement. Staffwill address this subsequent joint filing at a later date, and is
at this time recommending approval of only the amendment filed by Qwest and Advanced Telcom on
February 4, 2005.
DECISION MEMORANDUM - 1 -APRIL 29, 2005
2. Qwest and VCI Company (Case No. QWE- T -05-3).:.This is an Application to adopt the
previously approved agreement between Qwest and 1-800 Reconex, Inc.
3. Qwest and Vycera Communications. Inc. (Case No. QWE-05-This is an Application
to adopt a new agreement. The agreement is based upon Qwest's 14 State Negotiation Template
which basically follows Qwest's SGA T as changed by Qwest in accordance with its interpretation of
the FCC's Triennial Review Order (TRO).
4. Qwest and Metropolitan Telecommunications of Idaho. Inc. (Case No. QWE- T -05-5).:.
This is an agreement to adopt the previously approved agreement between Qwest and Sprint
Communications LP, as well as two amendments to that agreement. The amendments provide terms
for elimination ofUNE-P and the implementation of batch hot cut processes and discounts in
accordance with the TRO, and the TRO/UST A II amendment, which addresses other changes that
were included in the TRO.
5. Qwest Corporation and Pipertel Communications. LLC. (Case No. QWE-05-. This is
an Application to adopt a new agreement. The agreement is based upon Qwest's 14 State Negotiation
Template, which basically follows Qwest's SGAT as changed by Qwest in accordance with its
interpretation of the FCC's TRO.
6. Qwest and Trans National Communications International. Inc. (Case No. QWE- T -05-9).=.
This is an Application to adopt a new agreement. The agreement is based upon Qwest's 14 State
Negotiation Template, which basically follows Qwest's SGAT as changed by Qwest in accordance
with its interpretation of the FCC's TRO.
STAFF ANALYSIS
The Staff has reviewed all of these Applications and did not find any terms and conditions
that it considers to be discriminatory or contrary to the public interest. Staff believes that these
amendments are consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff believes that these
amendments to previously approved interconnection agreements merit the Commission s approval.
DECISION MEMORANDUM - 2-APRIL 29, 2005
COMMISSION DECISION
Does the Commission wish to approve the Applications for Approval of the Interconnection
Agreements and Amendments listed above?
i:udmemos/intc dm 42905
DECISION MEMORANDUM - 3 -APRIL 29, 2005