20060626Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JUNE 14 2006
RE:JOINT APPLICATION BETWEEN QWEST CORPORATION (QWEST)
AND DIECA COMMUNICATIONS, INc. dba COY AD COMMUNICATIONS
COMPANY FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETWEEN THE COMPANIES.
CASE NO. QWE-05-
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. ~ 252(e)(l). The
Commission may reject an agreement adopted by negotiations only ifit 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 US.C. ~ 252(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 "a state
commission shall have authority to approve an interconnection agreement adopted by negotiation
even if the terms ofthe agreement do not comply with the requirements of (Part 51)." 47 C.R. ~
51.3.
DECISION MEMORANDUM - 1 -JUNE 14, 2006
CURRENT APPLICATION
Qwest and COY AD's Application for Approval of the Amendment to the Interconnection
Agreement ("Amendment"), which was approved by the Idaho Public Utilities Commission on
October 12, 2005 (the "Agreement).
The Application for Approval of Amendment to the interconnection Agreement between
Qwest and COY AD states that the parties are jointly filing and that this Amendment was reached
through voluntary negotiations without resort to mediation. This is an Amendment to incorporate
the Triennial Review Order ("TRO") and the Triennial Review Remand Order ("TRRO") into the
Interconnection Agreement as set forth in Attachment 1 and Exhibit A, attached and incorporated
into this filing.
STAFF ANALYSIS AND RECOMMENDATION
Staffhas reviewed the Application and Agreement and does not find any terms or conditions
that it considers to be discriminatory or contrary to the public interest. Staff believes that the
Agreement and Amendment are consistent with the pro-competitive policies ofthis Commission
the Idaho Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff
believes that the Agreement and Amendment merit the Commission s approval.
COMMISSION DECISION
Does the Commission agree?
i:udmemos/ Adopting Interconnection Agreements/QWE- T -05-19 Qwest and COV AD
DECISION MEMORANDUM - 2 -JUNE 14, 2006