20051109_1383.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
WORKING FILE
FROM:WAYNE HART
DATE:NOVEMBER 4, 2005
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS AND
AMENDMENTS: CASE NOS. QWE-02-2 (INTERIM PERIOD
AGREEMENT AND AMENDMENT); QWE-03-18; QWE-04-
QWE-04-13; CTC-05-5 AND CTC-05-
BACKGROUND
Under the provisions ofthe federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. ~ 252(e)(I). 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).
THE CURRENT APPLI CA TI 0 NS
1. Qwest & XO Communications Services. Inc. (Case No. QWE-02-There are two
applications under this case number. The first is an Interim Period Agreement, and the second is
an amendment to this Interim Period Agreement. XO Communications Services, Inc is the
surviving entity of the merger between the former XO and Allegiance Companies. While the
Companies have been negotiating a new agreement to address issues raised by the merger, some
issues have yet to be resolved. This Interim Period Agreement provides terms and conditions for
operations while the parties complete the negotiations for a complete agreement. Subsequent to
DECISION MEMORANDUM - 1 -NOVEMBER 4, 2005
the execution of this Interim Agreement, the merger was finalized in the State of Colorado. The
Amendment to the Interim Agreement adds the merged Colorado entities to the agreement.
2. Qwest and IDACOMM. Inc. (Case No. QWE- T -03-18)This application seeks
approval of the Triennial Review Order and Triennial Review Remand Order (TRO/TRRO)
Amendment. This amendment adds terms to implement the provisions of the FCC's TRO and
TRRO decisions. The Commission has previously approved other agreements containing this
amendment.
3. Qwest and Granite Communications. LLc. (Case No QWE-04-This application
seeks approval of an amendment providing terms for expedited design services. The Commission
has previously approved other agreements containing this amendment.
4. Qwest and OrbitCom. Inc. (Case No QWE-04-13)This application seeks approval
of the Triennial Review Order and Triennial Review Remand Order (TRO/TRRO) Amendment.
This amendment adds terms to implement the provisions of the FCC's TRO and TRRO decisions.
The Commission has previously approved other agreements containing this amendment.
5. Frontier (Citizens Telecommunications Company ofldaho) and PageData LLc. (Case
No. CTC- T -05-This is an application for a new agreement providing terms for the
interconnection of Frontier and PageData s networks for the exchange oflocal exchange and EAS
traffic. The agreement specifies terms for the point of interconnection, compensation for call
termination of traffic (bill and keep), exchange of wireless-wire line traffic ($0.0112/minute),
coordination for design and construction of interconnection facilities, network management
quality of service, and SS7 network usage and administration. The agreement also contains
provisions outlining the term of the agreement, amendments, assignment, liability, severability,
confidentiality, controlling law, default and dispute resolution (Disputes not resolved by the parties
would be submitted to the Commission for non-binding mediation. If this is not successful, either
party may formally take the matter to the Commission, if it has jurisdiction, or an appropriate
court.) These terms are essentially the same as included in the Frontier-IDACOMM agreement
previously approved by the Commission.
DECISION MEMORANDUM - 2 -NOVEMBER 4, 2005
6. Frontier and Wavesent. LLC. (Case No. CTC-05-This application seeks approval
of the same agreement as described above between Frontier and PageData.
STAFF ANALYSIS
The Staffhas reviewed all ofthese Applications and did not find any terms and conditions
that it considers to be discriminatory or contrary to the public interest. Staff believes that these
Amendments are consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff believes that
these new Agreements and Amendments to previously approved interconnection agreements merit
the Commission s approval.
COMMISSION DECISION
Does the Commission wish to approve the Applications for Approval of the
Interconnection Agreements and Amendments listed above?
i:udmemos/intc dIDO? _
DECISION MEMORANDUM - 3 -NOVEMBER 4, 2005