20060906Decision memo.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER KJELLAND ER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:SEPTEMBER 5, 2006
RE:APPLICATION FOR APPROVAL OF AN INTERCONNECTION
AGREEMENT BETWEEN QWEST CORPORATION AND Ymax
COMMUNICATIONS CORP. ("YMAX"); CASE NO. QWE-06-18.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996 , interconnection
agreements must be submitted to the Commission for approval. 47 u.S.c. 9252(e)(1). 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 U.c. 9252(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 "
state commission shall have authority to approve an interconnection agreement adopted by
negotiation even if the terms of the agreement do not comply with the requirements of (Part 51)."
47 C.R. 9 51.3.
CURRENT APPLI CA TI 0
Qwest Corporation and Ymax in Case No. QWE-06-18 filed August 30 2006, states
that the Interconnection Agreement was jointly entered into between the parties and provides for
both companies to interconnect their facilities for the purpose of providing customers with
increased choices among local telecommunications services.
DECISION MEMORANDUM - 1 -SEPTEMBER 5 , 2006
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STAFF ANALYSIS
Staffhas reviewed the Application 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 is consistent with the public interest as identified in the pro-competitive policies of
this Commission, the Idaho Legislature, and the federal Telecommunications Act of 1996.
Accordingly, Staff believes that the Agreement merits the Commission s approval.
COMMISSION DECISION
Does the Commission wish to accept and approve this Interconnection Agreement?
cJr~~~L
. lee Hall
i: udmemoslinterconnection agreements/QWE- T -06-18 YMAX Communications, Corp and Qwest
DECISION MEMORANDUM - 2 -SEPTEMBER 5 , 2006