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HomeMy WebLinkAbout20021112Decision Memo.pdfDECISION MEMORANDUM TO:COMMISSIONER KJELLANDER COMMISSIONER SMITH COMMISSIONER HANSEN JEAN JEWELL DON HOWELL JOHN HAMMOND RANDY LOBB JOE CUSICK CAROLEE HALL WAYNE HART BIRDELLE BROWN BEV BARKER RON LAW GENE FADNESS TONYA CLARK WORKING FILE FROM:DOUG COOLEY DATE:NOVEMBER 12,2002 RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS AND AMENDMENTS TO INTERCONNECTION AGREEMENTS; CASE NOS.VZN-T-02-10,CTC-T-02-2,USW-T-00-14,QWE-T-02-18, QWE-T-02-20,AND QWE-T-02-22.J° BACKGROUND Under the provisions of the Federal Telecommunications Act of 1996,intercomiection agreements must be submitted to the Commission for approval.47 U.S.C.§252(e)(1).The Commission may reject an agreement adopted by negotiations only if it finds that the agreement: (1)discriminates against 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.S.C.§252(e)(2)(A).As the Commission recently noted in Order No.28427, companies voluntarilyentering into interconnection agreements "may negotiate terms,prices and conditions that do nm comply with either the FCC rules or with the provisions with Section 251(b)or (c)."Order No.28427 at 11 (emphasis original).This comports with the FCC's statement that,"a state commission shall have authority to approve an interconnection agreement DECISION MEMORANDUM 1 NOVEMBER 12,2002 adopted by negotiation even if the terms of the agreement do not comply with the requirements of [Part 51]."47 C.F.R.§51.3. THE CURRENT APPLICATIONS The Commission has been asked to approve four interconnection agreements and three amendments to existing interconnection agreements.The items are discussed in greater detail below. 1.Qwest Corporation and BasicPhone,Inc.(Case No.QWE-T-02-18).In this Application, the parties request that the Commission approve an Amendment to an existing agreement.This amendment adds terms and conditions for Internet Service Provider (ISP)bound traffic. 2.Qwest Corporation and Time Warner Telecom of Idaho (Case No.USW-T-00-14).In this Application,the parties request that the Commission approve two amendments to an existing wireline interconnection agreement.The amendments add terms for Unbundled Dark Fiber and Direct Trunked Transport. 3.Citizens Telecommunications Company of Idaho and V &V Inc.,d.b.a.The Local Connection (Case No.CTC-T-02-2).In this Application,the parties request that the Commission approve a resale wireline interconnection agreement. 4.Verizon Northwest,Inc.and KMC Telecom V.,Inc.(Case No.VZN-T-02-10).In this Application,the parties request that the Commission approve an interconnection agreement.The parties wish to adopt the agreement between Sprint Communications Company L.P.and Verizon California,Inc.in its entirety. 5.Qwest Corporation and New Edge Networks Inc.(Case No.QWE-T-02-20).In this Application,the parties request that the Commission approve an interconnection agreement.The filing also includes an Amendment regarding DC Power Reduction Procedure and Collocation. 6.Owest Corporation and MCIMetro Access Transmission Services,LLC )Case No. OWE-T-02-22.In this Application,the parties request that the Commission approve an interconnection agreement.The agreement is referred to as Qwest's Statement of Generally Available Terms for interconnection or SGAT. STAFF ANALYSIS Staff has reviewed these Applications and did not find that any terms or conditions are discriminatory or contrary to the public interest.Staff believes that these agreements are DECISION MEMORANDUM 2 NOVEMBER 12,2002 consistent with the pro-competitive policies of this Commission,the Idaho Legislature,and the Federal Telecomrnunications Act.Accordingly,Staff believes that these agreements merit the Commission's approval. COMMISSION DECISION Does the Commission approve the Applications for Approval of the Interconnection Agreements listed above? ug Coleyi:udmemos/inten dec memo 20 DECISIONMEMORANDUM 3 NOVEMBER 12,2002