20060605Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:MAY 31, 2006
RE:APPLICATION FOR APPROVAL TO AMEND THE
INTERCONNECTION AGREEMENT BETWEEN QWEST ("QWEST"
AND FRETEL COMMUNICATIONS, LLC ("FRETEL"
CASE NO. QWE-99-14.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 D.C. ~ 252(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 US.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.
CURRENT APPLI CA TI 0 N
The original Agreement between Qwest and Fretel was approved by this Commission on
August 27 , 1999. This amended Application seeks Commission approval for Qwest to change
the terms and conditions for its Digital Subscriber Line (Qwest DSL) service as set forth in
DECISION MEMORANDUM - 1 -MAY 31 , 2006
Attachment 1 incorporated with this filing. Both parties agree that this amendment will be
deemed effective upon Commission approval and further agree that Qwest will implement any
necessary billing changes within two (2) billing cycles after the latest execution date of this
amendment.
STAFF ANALYSIS
Staff has 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?
challlInterconnection Agreements/QWE- T -99-14 Qwest and Fretel.
DECISION MEMORANDUM - 2 -MAY 31 , 2006