Loading...
HomeMy WebLinkAbout20041118_1002.pdfDECISION MEMORANDUM TO:COMMISSIONER KJELLANDER CO MMISSI 0 NER SMITH CO MMISSI 0 NER HANSEN COMMISSION SECRETARY LEGAL WORKING FILE FROM:GRACE SEAMAN DATE:NOVEMBER 16, 2004 RE:QWEST CORPORATION AND RCC HOLDINGS, INC. APPLICATION FOR APPROVAL OF AGREEMENT TO ADOPT T -MOBILE USA INC. fka VOICE STREAM WIRELESS CORPORATION AGREEMENT; CASE NO. QWE-04- BACKGROUND Under the provisions of the federal Telecommunications Act of 1996, interconnection agreements must be submitted to the Commission for approval. 47 U.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 U.C. 9252(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. 9 51.3. THE CURRENT APPLICATION The Joint Application for Approval of Agreement between Qwest Corporation and RCC Holdings, Inc. was filed on October 27 2004. The Application seeks approval to adopt T-Mobile DECISION MEMORANDUM - 1 -NOVEMBER 16, 2004 USA Inc. fka VoiceStream Wireless Corporation Agreement, QWE-01-27 approved by the Commission on February 28 2002 and amended on September 15 2004. ST AFF ANALYSIS Staffhas reviewed this Application and did not find any terms and conditions to be discriminatory or contrary to the public interest. Staff believes this agreement is consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly, Staff believes that the Application merits the Commission s approval. COMMISSION DECISION Does the Commission wish to approve Qwest's Application for Approval of Agreement? ffiO-cp Grace Seaman i:udmemos/qwetO4. DECISION MEMORANDUM - 2 -NOVEMBER 16, 2004