20040830_925.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER KJELLAND ER
CO MMISSI 0 NER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:GRACE SEAMAN
DATE:AUGUST 26, 2004
RE:JOINT APPLICATION OF QWEST CORP. AND MCLEODUSA
TELECOMMUNICATIONS SERVICES, INC. FOR APPROVAL OF
AMENDMENT TO THE INTERCONNECTION AGREEMENT;
CASE NO. QWE-00-
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 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 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 of Sections 251 (b)
or (c)." Order No. 82427 at 11 (emphasis 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 of the agreement do no comply with the requirements of (Part
51)." 47 C.R. ~ 51.3.
THE CURRENT APPLICATION
The joint Application by Qwest and McLeodUSA seeks approval to amend the existing
Interconnection Agreement approved by the Commission on November 13 2000. The
amendment adds terms, conditions and rates for DC Power Measuring.
DECISION MEMORANDUM - 1 -AUGUST 26 , 2004
STAFF ANALYSIS
Staff has reviewed the Application and does 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 recommends Commission approval of the
amendment.
COMMISSION DECISION
Does the Commission wish to approve the Application for amendment to the existing
interconnection agreement?
ttU Ie-~
Grace Seaman
i:udmemos/qwetOO.7gs dec memo
DECISION MEMORANDUM - 2-AUGUST 26, 2004