20061117Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:NOVEMBER 17, 2006
RE:JOINT APPLICATION OF QWEST CORPORATION (QWEST)
AND CTC TELECOM, INC. (CTC) SEEKING APPROVAL OF AN
AMENDMENT TO THE INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.C. ~ 252(E) IN CASE NO. USW-98-09.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 US.C. ~ 252(e)(I). 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. ~ 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 of the agreement do not comply with the requirements of (Part 51)." 47 C.R. ~
51.3.
CURRENT APPLI CA TI 0 N
Owest and CTC's Application for Approval of the Amendment to the Interconnection
Agreement ("Amendment"). which was approved by the Idaho Public Utilities Commission on
September 25. 1998 (the "Agreement).
DECISION MEMORANDUM - 1 -NOVEMBER 17, 2006
The Amendment to the original Agreement between the companies states that the parties are
jointly filing and that this Amendment was reached through voluntary negotiations without resort to
mediation. This Amendment incorporates the Triennial Review Order ("TRO") and the Triennial
Review Remand Order ("TRRO") and is attached as Attachment 1 and Exhibit A to this filing.
STAFF ANALYSIS AND RECOMMENDATION
Staff has 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 of this 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:udmemosUSW-98-09 Qwest and CTC TELECOM, INc.
DECISION MEMORANDUM - 2 -NOVEMBER 17, 2006