20060906Decision memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:SEPTEMBER 5, 2006
RE:JOINT APPLICATION BETWEEN QWEST CORPORATION ("QWEST"
AND DSLnet COMMUNICATIONS, LLC
, ("
DSLnet") REQUESTING
APPROVAL TO AMEND THE INTERCONNECTION AGREEMENT
BETWEEN THE COMPANIES; CASE NO. USW-99-19.
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 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 ofthe agreement do not comply with the requirements of (Part 51)." 47 C.R. ~
51.3.
CURRENT APPLI CA TI 0 N
. Qwest (tka US WEST for Case No. USW-99-19) and DSLnet submitted a joint
Application for approval to amend the Interconnection Agreement ("Amendment"), which was
approved by the Idaho Public Utilities Commission on October 19 1999 (the "Agreement).
DECISION MEMORANDUM - 1 -SEPTEMBER 5 , 2006
The Application for approval of the Amendment to the Interconnection Agreement between
Qwest and DSLnet states that the parties are jointly filing and that this Amendment was reached
through voluntary negotiations without resort to mediation. This is an Amendment to incorporate
the Triennial Review Order ("TRO") and the Triennial Review Remand Order ("TRRO") into the
Interconnection Agreement as set forth in Attachment 1 and Exhibit A, attached and incorporated
into 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:udrnemos/USW-99-19 Qwest and DSLnet
DECISION MEMORANDUM - 2 -SEPTEMBER 5 , 2006