20080516Decision memo.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER RED FO RD
COMMISSIONER SMITH
CO MMISSI 0 NER KEMPTON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:WELDON STUTZMAN
DEPUTY ATTORNEY GENERAL
DATE:MAY 15, 2008
SUBJECT:CASE NO. QWE-08-
QWEST CORPORATION'S PETITION TO WITHDRAW ITS SGA
On May 2, 2008, Qwest Corporation filed a Petition requesting authorization to withdraw
its Statement of Generally Available Terms and Conditions (SGAT). Qwest's Petition explains that
the SGA T was developed in 2000 as part of Qwest's application to gain entry into the interLA T A
(long distance) services market pursuant to Section 271 of the 1996 federal Telecommunications Act.
Bell operating companies like Qwest could fulfill part of their Section 271 obligations by having a
statement of the terms and conditions that the company generally offers to provide such (network)
access and interconnection (that) has been approved or permitted to take effect by the State
Commission." 47 D.C. ~ 271(c)(1)(B).
Qwest filed its original SGA T in June 2000 but the Company has not offered its SGA T as
an option for interconnection agreements since August 2004. Qwest asserts that its SGA T
superfluous and has become outdated due to changes in applicable law, has not been used as the
interconnection contract template in Idaho for some time, and has not been updated since August 2004.
Staff recommends that Qwest's Petition for authorization to withdraw its Statement of
Generally Available Terms and Conditions be processed by Modified Procedure with a 45-day
comment period.
COMMISSION DECISION
Should Qwest's Petition for authorization to withdraw its SGAT be processed by Modified
Procedure with a 45-day comment period?
?-------,
"'-v
Weldon Stutzman
Deputy Attorney General
bls/M:QWE- T -08-04 - ws