20060504_1530.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:APRIL 26, 2006
RE:QWEST CORPORATION ("QWEST") AND XO COMMUNICATIONS
SERVICES, INC. ("XO") APPLICATION FOR APPROVAL TO AMEND
THEIR INTERCONNECTION AGREEMENT. CASE NO. QWE-02-02.
QWEST CORPORATION ("QWEST") AND CONTACT
COMMUNICATIONS, INc. ("CONTACT") APPLICATION FOR
APPROVAL TO AMEND THEIR INTERCONNECTION AGREEMENT.
CASE NO. QWE-03-03.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 US.C. 9252(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 US.C. 9252(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. 9 51.3.
DECISION MEMORANDUM - 1 -APRIL 26, 2006
CURRENT APPLICATION
1. Qwest and XO's Agreement to amend their Interconnection Agreement in Case No.
QWE- T -02-02.The original Agreement was approved by the Idaho Public Utilities Commission
on February 28, 2002 as referenced in Order No. 28964. In this filing the Companies agree to
amend and add terms, conditions and rates for LNP Managed Cuts as set forth in Attachment
and Exhibit A, attached and incorporated into this filing.
2. Qwest and Contact's Agreement to amend their Interconnection Agreement in Case
No. QWE-03-03.The original Agreement was approved by the Idaho Public Utilities
Commission on January 28 2003. See Case No. QWE-02-23. With this filing the Companies
agree to incorporate the Triennial Review Order ("TRQ") and the Triennial Review Remand
Order ("TRRO") into the Interconnection Agreement between the two companies. 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 1 and Exhibit A of this filing.
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?
/j
Vt~I L:~ ee Ha I
u/chall/decision memos/adopting interconnection agreements/ QWE- T-O2-02 XO Communications, Inc.; QWE- T-O3-03 Contact
Communications, Inc,
DECISION MEMORANDUM - 2 -APRIL 26, 2006