20050822_1299.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
W 0 RKIN G FILE
FROM:CAROLEE HALL
DATE:AUGUST 16, 2005
RE:APPLICATION FOR APPROVAL OF AMENDMENT TO THE
INTERCONNECTION AGREEMENT BETWEEN QWEST
CORPORATION AND UNITED STATES CELLULAR MOBILE
TELEPHONE NETWORK ("USCMTN"
).
CASE NO. QWE- T -02-04.
BACKGROUND
Under the provision 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 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.
CURRENT APPLICATION
The Application states that Qwest and USCMTN have mutually agreed, through
voluntary negotiations, to interconnect their networks thereby providing customers with
increased choices among local telecommunications services. The Agreement sets forth the
DECISION MEMORANDUM - 1 -AUGUST 16, 2005
terms, conditions and pricing under which Qwest will offer and provide to USCMTN. The
Amendment is made in order to replace the name "United States Cellular Mobile Telephone
Network" with the name "United States Cellular Corporation" wherever such name appears in
the Agreement and any subsequent Amendments.
STAFF ANALYSIS
Staff has reviewed the Application and does not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest. Staff believes that the
amendment is a housekeeping matter and recommends approval.
COMMISSION DECISION
Does the Commission wish to accept and approve the amendment to the Interconnection
Agreement?
i:udmemos/QWE-O2-04 United States Cellular Mobile Telephone Network
DECISION MEMORANDUM - 2-AUGUST 16, 2005