20041213_1026.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:GRACE SEAMAN
DATE:DECEMBER 9, 2004
RE:QWEST CORPORATION AND NORTHSTAR TELECOM, INC.
APPLICATION FOR APPROVAL TO ADOPT AT&T
COMMUNICATIONS OF THE MOUNTAIN STATES 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. ~ 252(e)(I). 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.
THE CURRENT APPLI CA TI ON
The Joint Application for Approval of Agreement between Qwest Corporation and
Northstar Telecom, Inc. was filed on October 27 2004. The Application seeks approval to adopt
DECISION MEMORANDUM - 1 -DECEMBER 9 2004
AT&T Communications of the Mountain States' Agreement, Case No. QWE-04-9 approved on
June 22, 2004.
STAFF 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 polices of this Commission, the Idaho Legislature, and the federal
Telecommunications Act. Accordingly, Staff believes the Application merits the Commission
approval.
COMMISSION DECISION
Does the Commission agree?
Grace Seaman
i:udmemos/qwetO4.26 northstar
DECISION MEMORANDUM - 2-DECEMBER 9, 2004