20060103Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:WAYNE HART
DATE:DECEMBER 30, 2005
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS AND
AMENDMENTS: CASE NOS. QWE-05-5; QWE-05-19 AND
QWE- T -05-23.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 US.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).
THE CURRENT APPLICATIONS
1. Qwest & Metropolitan Telecommunications ofldaho, Inc. (Case No. QWE-05-5).
This Application seeks approval of the Triennial Review Order and Triennial Review Remand
Order (TRO/TRRO) Amendment. This amendment adds terms to implement the provisions of the
FCC's TRO and TRRO decisions. The Commission has previously approved this amendment in
other cases.
2. Qwest and DIECA Communications, Inc. dbaCovad Communications Companv
(Case No. QWE-05-19). Qwest and Covad previously filed a new interconnection agreement
that simultaneously terminated the pre-existing agreement. This amendment identifies
amendments to that pre-existing agreement that remain operative for their stated terms, or if not
DECISION MEMORANDUM - 1 -DECEMBER 30, 2005
specified, the life of the new agreement. The Commission has previously approved each of these
amendments.
3. Qwest and Uintah Basin Electronics Telecommunication aka UBET Wireless
(Case No QWE- T -05-23). This Application seeks approval of a new negotiated type II wireless
interconnection agreement. The terms are similar to previously approved wireless agreements.
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
Agreements and 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 Agreements and Amendments to previously approved interconnection
agreements merit the Commission s approval.
COMMISSION DECISION
Does the Commission wish to approve the Applications for Approval of the
Interconnection Agreements and Amendments listed above?
i:udmemos/intc dm 12 30 05
DECISION MEMORANDUM - 2 -DECEMBER 30, 2005