20050415Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:APRIL 14, 2005
RE:MARCH 18, 2005 FILING AS A JOINT APPLICATION OF QWEST
CORPORATION (QWEST) AND DIECA COMMUNICATIONS, INC. dba
COY AD COMMUNICATIONS COMPANY FOR APPROVAL OF A
WIRE LINE INTERCONNECTION AGREEMENT PURSUANT TO
C. ~ 252(E); CASE NO. USW-99-03.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 V.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 V.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 "
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.
DECISION MEMORANDUM - 1 -APRIL 14, 2005
CURRENT APPLICATION
Qwest and COY AD's Application for Approval of the Amendment to the Interconnection
Agreement ("Amendment"). which was approved by the Idaho Public Utilities Commission on
April 22. 1999 (the "Agreementt
The Application for Approval of Amendment to the interconnection Agreement between
Qwest and COY AD states that the parties are jointly filing and that thi~ Amendment was reached
through voluntary negotiations without resort to mediation. The Agreement amends the terms
conditions and rates for Batch Hot Cut processes set forth in Attachment A and incorporated into
this filing. It also removes UNE-, Enterprise and Mass Market Switching and Shared Transport
from Interconnection Agreement(s) in accordance with, according to Qwest
, "
certain regulatory
uncertainty in light of the DC Circuit Court's decision in United States Telecom Association v.
FCC, 359 F.3d 554 (March 2, 2004), with respect to the future existence, scope, and nature of
Qwest's obligation to provide such UNE-P arrangements under the Communications Act (the
Act"
)" .
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
approval.
COMMISSION DECISION
Does the Commission agree?
i:udmemosUSW-99-3 Qwest and COY AD March 18 2005 filing
DECISION MEMORANDUM - 2 -APRIL 14, 2005