20060614_1584.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:WELDON STUTZMAN
DATE:JUNE 7, 2006
SUBJECT:CASE NO. QWE-06-
APPROVAL OF INTERCONNECTION AGREEMENT BETWEEN
QWEST CORPORATION AND RADIO SERVICE COMPANY
On March 17, 2006 , Qwest Corporation filed a Petition for Approval of
Interconnection Agreements to Implement FCC Ruling in Mobile Order. Qwest's Petition
asserts that it is required by the Federal Communications Commission rules to request and enter
into interconnection agreements with wireless and paging carriers for the termination of traffic.
Qwest attempted numerous times to contact the companies identified in its Petition, but had not
received responses at the time of the Petition. Qwest sought approval of interconnection
agreements with six companies it identified in its Petition, but Qwest subsequently filed Motions
to Dismiss its Petition against four of the companies. Qwest accordingly proposed that the
Commission approve Qwest's interconnection agreement attached to its Petition as Exhibit B as
to the two remaining parties.
On May 9, 2006, the Commission issued a Notice of Petition and Notice of Modified
Procedure and Order No. 30034. The Commission dismissed four of the parties from the case
and proceeded by Modified Procedure as to the other two companies. During the comment
period established by the Commission, written comments were filed only by Qwest. In its
comments, Qwest reiterated its attempts to reach agreement with the remaining companies, one
of which had responded. Qwest thus also filed a Motion to Dismiss its complaint-as to Gem
State Communications. Noting that the remaining party, Radio Service, never responded to
Qwest's efforts to negotiate a paging interconnection agreement, Qwest asked that the
DECISION MEMORANDUM
Commission issue an Order adopting and approving the proposed pagIng interconnection
agreement between Qwest and Radio Service. Qwest alleges the agreement is non-
discriminatory and is consistent with the Mobile Order and the federal Telecommunications
Act.
Staff reviewed the proposed interconnection agreement and believes it is consistent
with the FCC's decision in the Mobile case. Given the circumstances, where Radio Service
has not responded to Qwest's efforts to initiate discussions for an interconnection agreement , and
did not respond to the Commission s Notice issued on May 9, 2006, Staff recommends that the
Commission issue an Order approving the interconnection agreement (Exhibit B to Qwest's
Petition) between Qwest and Radio Service Company, and dismissing Qwest's Petition as to
Gem State Communications.
COMMISSION DECISION
Should the Commission issue an Order approving Exhibit B to Qwest's Petition as an
interconnection agreement between Qwest and Radio Service Company, and dismissing the
Petition as to Gem State Communications?
Weldon Stutzman
bls/M:QWE- T -06-06 - ws2
DECISION MEMORANDUM