20040728_894.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:DOUG COOLEY
DATE:JULY 23, 2004
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS; CASE
NOS. QWE-04-18 AND QWE-04-20.
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)(1). The
Commission may reject an agreement adopted by negotiations only if it 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 one interconnection agreement and one
amendment to an existing interconnection agreement. The items are discussed in greater detail
below.
DECISION MEMORANDUM JULY 23, 2004
1. Qwest Corporation and IDT America, Corp. (Case No. QWE-04-18t In this
Application, the parties request that the Commission approve an agreement. IDT adopts the terms
and conditions of the Sprint Communications Company L.P. interconnection agreement.
2. Qwest Corporation and Time Warner Telecom of Idaho LLC. (Case No. QWE-04-20t
In this case, the parties request that the Commission approve an amendment to an existing
agreement. With this filing, terms and conditions are added regarding collocation available
inventory and single point of presence.
ST AFF ANALYSIS
Staffhas 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 s approval.
COMMISSION DECISION
Does the Commission approve the Application for interconnection and amendment to
existing interconnection agreements?
7~::7
oug Cooley
DC:udmemos/intcn dec memo 36
DECISION MEMORANDUM JULY 23 2004