20051118Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:GRACE SEAMAN
DATE:NOVEMBER 18, 2005
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS:
CASE NOS. USW-99-14; QWE-05-22; QWE-OI-12; QWE-05-21.
BACKGROUND
Under the provisions ofthe federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. ~ 252(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. ~ 252(e)(2)(A).
THE CURRENT APPLICATIONS
The Commission has been asked to approve four Applications for agreements with Qwest
Corporation. The Applications are discussed in greater detail below.
1. Qwest Corporation and Fretel Communications, LLC. (Case No. USW-99-14).
On November 2, 2005, Qwest submitted this request to amend an existing agreement approved
by the Commission on September 1999. With this filing, the amendment incorporates the
Triennial Review Order (TRO) and Triennial Review Remand Order (TRRO).
2. Qwest Corporation and Pac-West Telecomm, Inc. (Case No. QWE-05-22).
November 2005 Qwest filed this Application to adopt the Talk America Inc. agreement
approved by the Commission on September 2004. In this Application, the parties request
DECISION MEMORANDUM - 1 -NOVEMBER 18, 2005
Commission approval of the Talk America Inc. agreement amended to incorporate TRO and
TRRO.
3. Qwest Corporation and Trinsic Communications, Inc. (flea Z-Tel Communications,
Inc. (Case No. QWE-01-12).On November 14, 2005, the parties filed this amendment to the
original agreement approved by the Commission on July 25 2001. This Application requests
Commission approval to amend the existing agreement to incorporate TRO and TRRO.
4. Qwest Corporation and Project Mutual Telephone Cooperative Association Inc. (Case
No. QWE-05-21).On November 14, 2005, Qwest submitted this Application for approval of
interconnection agreement. The Commission is asked to approve this agreement that includes
terms and conditions for interconnection, ancillary services, and resale of telecommunications
services between the parties.
STAFF ANALYSIS
Staffhas reviewed the Applications and does not find that any terms or conditions are
discriminatory or contrary to the public interest. Staff believes that the Applications are
consistent with the recent FCC orders and pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act. Accordingly, Staff recommends
Commission approval of the amendments and the Applications for approval of agreements.
COMMISSION DECISION
Does the Commission wish to approve these Applications?
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Grace Seaman
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DECISION MEMORANDUM - 2 -NOVEMBER 18, 2005