20050816_1283.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER KJELLAND ER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:AUGUST 9, 2005
RE:QWEST CORPORATION (QWEST) AND NORTHSTAR TELECOM
INC., A WHOLLY OWNED SUBSIDIARY OF MIDWEST MARKETING
GROUP, INC. ("NORTHSTAR") APPLICATION FOR APPROVAL TO
AMEND THEIR INTERCONNECTION AGREEMENT. CASE NO.
QWE- T -04-26.
QWEST CORPORATION (QWEST) AND VYCERA
COMMUNICATIONS, INC. ("VYCERA") APPLICATION FOR
APPROVAL TO AMEND THEIR INTERCONNECTION AGREEMENT.
CASE NO. QWE-05-04.
QWEST CORPORATION (QWEST) AND 1-800 RECONNECTS, INC.
DBA USTEL ("800-RECONEX") APPLICATION FOR APPROVAL TO
AMEND THEIR INTERCONNECTION AGREEMENT. CASE NO.
QWE- T -04-12.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.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 D.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
DECISION MEMORANDUM - 1 -AUGUST 9, 2005
negotiation even if the terms of the agreement do not comply with the requirements of (Part 51).
47 C.R. ~ 51.3.
CURRENT APPLICATION
1. Qwest and NorthStar s Agreement to amend their Interconnection Agreement in Case
No. QWE- T -04-The original Agreement was approved by the Idaho Public Utilities
Commission on December 29 2004 (the "Agreement"). In this filing the Companies agree to
incorporate the Triennial Review Order ("TRRO") into the Interconnection Agreement between
the parties. To the extent applicable, the Agreement will eliminate certain Dnbundled Network
Elements ("UNEs ) or add terms and conditions for certain UNEs as set forth in Attachment
and Exhibit A of this filing.
2. Qwest and Vycera s Agreement to amend their Interconnection Agreement in Case
No. QWE- T -05-The original Agreement was approved by the Idaho Public Utilities
Commission on May 5, 2005 (the "Agreement"). In this filing the Companies agree to amend
Exhibit A of the Agreement by adding the rates for Directory Assistance and Toll and Assistance
Operator Services as set forth in the amended Exhibit A that is attached with this filing.
3. Qwest and 1-800-Reconex s Agreement to amend their Interconnection Agreement in
Case No. QWE- T -04-The original Agreement was approved by the Idaho Public Dtilities
Commission on June 22, 2004 (the "Agreement"). In this filing the Companies agree to
incorporate the Triennial Review Order ("TRRO") into the Interconnection Agreement between
the parties. To the extent applicable, the Agreement will eliminate certain Unbundled Network
Elements ("UNEs ) or add terms and conditions for certain UNEs as set forth in Attachment
and Exhibit A of this filing.
DECISION MEMORANDUM - 2-AUGUST 9 , 2005
STAFF ANALYSIS AND RECOMMENDATION
The Staff has reviewed the Applications and Agreements and does not find any terms or
conditions that it considers to be discriminatory or contrary to the public interest. Staff believes
that the amendments 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 amendments merit the Commission s approval.
COMMISSION DECISION
Does the Commission agree?
~ './
Cftrlee Hall
u/chall/decision memos/adopting interconnection agreements/QWE-O4-26 NORTHSTAR; QWE-O5-4 VYCERA AND QWE-O4-12 1-
800-RECONEX
DECISION MEMORANDUM - 3 -AUGUST 9, 2005