20061016_1696.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER KJELLAND ER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:OCTOBER 11, 2006
RE:APPLICATION FOR APPROVAL OF TYPE 1 AND TYPE 11 PAGING
AGREEMENT BETWEEN QWEST CORPORATION AND AMERICAN
MESSAGING SERVICES, LLc. ("AMERICAN MESSAGING"
CASE NO. QWE-06-22.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 D.C. ~ 252(e)(l). 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 D.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 ifthe terms of the agreement do not comply with the requirements of (Part 51).
47 C.R. ~ 51.3.
CURRENT APPLI CA TI 0
1. Qwest Corporation and American Messaging. Case No. QWE- T -06-22. Qwest filed
DECISION MEMORANDUM - 1 -OCTOBER 11 , 2006
its Application between the Companies on October 6, 2006. Qwest states that the Agreement
was jointly entered into between Qwest and American Messaging and provides customers with
increased choices among local paging services.
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
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?
:udmemos/interconnection agreements/QWE-O6-22 American Messaging Services, LC. Paging Type I and II
DECISION MEMORANDUM - 2 -OCTOBER 11 , 2006