20041101Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:DOUG COOLEY
DATE:OCTOBER 27,2004
RE:ST AFF REVIEW OF INTERCONNECTION AGREEMENTS;
CASE NOS. QWE-01-, QWE-04-21 AND USW-99-30.
BACKGROUND
Under the provisions of the Federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. ~ 252(e)(I). The
Commission may reject an agreement adopted by negotiations only ifit finds that the agreement:
(1) discriminates against 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 recently 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 provisions with Section
251(b) or (c)." Order No. 28427 at 11 (emphasis original). This comports with the FCC'
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.
THE CURRENT APPLICATIONS
The Commission has been asked to approve three amendments to existing
interconnection agreements. The items are discussed in greater detail below.
DECISION MEMORANDUM OCTOBER 27 2004
1. Qwest Corporation and Z-tel Communications. Inc. (Case No. QWE-01-12). In this
case, the parties request that the Commission approve an amendment to an existing agreement.
With this filing, the parties add terms and conditions regarding Batch Hot Cuts and remove the
availability of Mass Market Switching.
2. Qwest Corporation and Southwestern Bell Communication Services
(Case No. QWE-04-21). In this case, the parties request that the Commission approve an
amendment to an existing agreement. With this filing, the parties remove the availability of various
Unbundled Network Elements (UNE).
3. Qwest Corporation and Multiband Communications. LLC. (Case No. USW-99-30)
In this case, the parties request that the Commission approve an amendment to an existing
agreement. With this filing, the parties add terms and conditions regarding Commercial Line
Sharing.
STAFF ANALYSIS
Staff has reviewed the Applications and did not find that any terms or conditions are
discriminatory or contrary to the public interest. Staff believes that the agreements are consistent
with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal
Telecommunications Act. Accordingly, Staff believes that the agreements merit the Commission
approval.
COMMISSION DECISION
Does the Commission approve the Application for interconnection and amendment to
existing interconnection agreements?
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intcn dec memo 39
DECISION MEMORANDUM OCTOBER 27 2004