20061030_1711.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER KJELLAND ER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:OCTOBER 20, 2006
RE:JOINT APPLICATION BETWEEN QWEST CORPORATION ("QWEST"
AND BG ENTERPRISES, INC., FOR APPROVAL TO AMEND THE
INTERCONNECTION AGREEMENT BETWEEN THE COMPANIES;
CASE NO. QWE-01-23.
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 rej ect 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 US.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 "a 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
Qwest and BG Enterprises submitted a joint Application for approval to amend their
Interconnection Agreement, which was approved by the Idaho Public Utilities Commission on
December 18, 2001.
DECISION MEMORANDUM - 1 -OCTOBER 20, 2006
The amendment to the Interconnection Agreement states that the parties are jointly filing
and that this amendment was reached through voluntary negotiations without resort to mediation.
This is an amendment to the resale agreement between Qwest and BG Enterprises, Inc. The
agreement amends the terms and conditions for Qwest Digital Subscriber Line (Qwest DSL), as set
forth in Attachment 1 and Exhibit A, attached and incorporated into this filing.
STAFF ANALYSIS AND RECOMMENDATION
Staff has reviewed the Application and Agreement 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 and Amendment are consistent with the pro-competitive policies of this Commission
the Idaho Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff
believes that the Agreement and Amendment merit the Commission s approval.
COMMISSION DECISION
Does the Commission agree?
i:udmemos/QWE-OI-23 BG ENTERPRISES
DECISION MEMORANDUM - 2 -OCTOBER 20, 2006