HomeMy WebLinkAbout2000414_jc.doc DECISION MEMORANDUM
TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
RON LAW
TONYA CLARK
LYNN ANDERSON
STEPHANIE MILLER
JOE CUSICK
WAYNE HART
WORKING FILE
FROM: JEFF CAPELL
DATE: APRIL 14, 2000
RE: GTE NORTHWEST INCORPORATED’S APPLICATION FOR APPROVAL OF DSLnet COMMUNICATIONS, LLC’S ADOPTION OF THE NEGOTIATED INTERCONNECTION AGREEMENT BETWEEN GTE NORTHWEST INCORPORATED AND NEXTLINK IDAHO INCORPORATED PURSUANT TO 47 U.S.C. § 252(i) TOGETHER WITH NEGOTIATED SUPPLEMENTAL TERMS, CASE NO. GTE-T-00-4.
On March 3, 2000, GTE Northwest Incorporated (“GTE”) filed an Application for approval of DSLnet Communications, LLC’s (“DSLnet”) adoption of a negotiated resale interconnection agreement entered into between GTE and Nextlink Idaho, Inc. that was approved by the Commission in Order No. 28269. On March 27, 2000, the Parties (GTE and DSLnet) also submitted an agreement outlining Supplementing Adopted Terms (“SATs”) regarding how collocation between them is to be handled. The underlying agreement to be adopted and the SATs were reached through voluntary negotiation without resort to mediation or arbitration, and this Application petitioning for approval of DSLnet’s adoption of that agreement and approval of the SATs is submitted pursuant to Sections 252(e) and (i) of the Telecommunications Act of 1996. On March 14, 2000, the Commission issued a Notice of Application and Notice of Modified Procedure.
BACKGROUND
Under the terms of the Telecommunications Act of 1996, interconnection agreements and amendments to those agreements must be submitted to the Commission for approval. 47 U.S.C. §252 (e)(1). The foregoing requirement naturally applies in cases such as this where the “agreement” between the parties to be interconnected is a combination of adopting of a pre-existing agreement and supplementing that agreement with additional terms and conditions. The Commission may reject an agreement adopted by negotiation only if it finds that the agreement discriminates against a telecommunication carrier not a party to the agreement or implementation of the agreement is not consistent with the public interest, convenience and necessity. 47 U.S.C. §252 (e)(2)(A). If the Commission does not act to approve or reject the agreement within 90 days after its submission, the agreement is deemed approved. 47 U.S.C. §252 (e)(4). The Commission’s decision is not reviewable by the state courts. Id.
In the Commission’s Notice of Modified Procedure, persons interested in submitting comments were requested to do so no later than April 6, 2000. The only comments received were filed by the Commission Staff. In its comments, Staff found that adoption of the agreement and the SATs is consistent with the public convenience and necessity. Staff recommended that the Application for the interconnection agreement as proposed to be adopted be approved.
Commission Decision:
Should GTE’s Application for approval of DSLnet’s adoption of the pre-existing interconnection agreement between GTE and Nextlink together with the Supplementing Adopted Terms be approved?
Jeff H. Capell
Staff: Wayne Hart
DECISION MEMORANDUM 2
DECISION MEMORANDUM 3