20060524_1556.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:MAY 22, 2006
RE:PACIFIC CENTREX SERVICES, INC. - PCSl APPLICATION FOR
APPROVAL TO ADOPT THE INTERCONNECTION AGREEMENT
BETWEEN QWEST (FKA U S WEST) AND TIME WARNER TELECOM
OF IDAHO, CASE NO. QWE-06-l1.
BACKGROUND
Under the provision 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 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. ~ 51.3.
CURRENT APPLICATION
In this Application in Case No. QWE-O6-, Pacific Centrex Services, Inc. - PCSI
seeks Commission approval to adopt the Agreement entered into between Qwest Corporation
and Time Warner Telecom ofIdaho. The Agreement between Time Warner Telecom ofIdaho
DECISION MEMORANDUM - 1 -MAY 22, 2006
and Qwest was approved by this Commission on August 2 2004, in Case No. QWE-04-20.
See Order No. 29559. Pacific Centrex Services and Qwest also agree that the Interconnection
Agreement will be adopted in its entirety with all terms and any associated amendments, if
applicable, as approved by this Commission since August 2, 2004.
ST AFF 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
Agreement is consistent with the public interest as identified in the pro-competitive policies of
this Commission, the Idaho Legislature, and the federal Telecommunications Act of 1996.
Accordingly, Staff believes that the Agreement merits the Commission s approval.
COMMISSION DECISION
Does the Commission wish to accept and approve this Interconnection Agreement?
chall/Interconnection Agreernents/QWE-O6-11 Pacific Centrex Services, Inc and Time Warner
DECISION MEMORANDUM - 2 -MAY 22, 2006