HomeMy WebLinkAbout2000911_jh.doc DECISION MEMORANDUM
TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
RON LAW
LOU ANN WESTERFIELD
TONYA CLARK
LYNN ANDERSON
DON HOWELL
RANDY LOBB
DAVE SCHUNKE
JOE CUSICK
WAYNE HART
WORKING FILE
FROM: JOHN R. HAMMOND
DATE: SEPTEMBER 11, 2000
RE: IN THE MATTER OF THE JOINT APPLICATION OF GTE NORTHWEST INCORPORATED AND DSLNET COMMUNICATIONS LLC FOR APPROVAL OF AN AMENDMENT TO A PREVIOUSLY APPROVED INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e); CASE NO. GTE-T-00-4.
On July 26, 2000, GTE Northwest Incorporated submitted an application for approval of an Amendment to an existing interconnection agreement between itself and DSLnet Communications, LLC. The Amendment supplements the terms to a previously adopted interconnection agreement between these companies. The Joint Application states that the agreement was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to Section 252(e) of the Telecommunications Act of 1996. The companies also claim that the Amendment to the agreement is not discriminatory against any other company and that it is consistent with the public interest, convenience and necessity.
On August 8, 2000, the Commission issued a Notice of Joint Application and Notice of Modified Procedure. Order No. 28470. The Commission Staff filed its comments on August 29, 2000.
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 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 August 29, 2000. Only Staff comments were filed.
Staff Recommendation:
Staff has reviewed the Amendment and did not find any terms or conditions that were discriminatory. The Amendment adds terms and conditions for Line Sharing pursuant to the Federal Communications Commission’s decision in Docket Nos. 98-147 and 96-98. See Federal Communication Commission’s (FCC) Third Report and Order in CC Docket No. 98-147 and Fourth Report and Order in CC Docket No. 96-98 (released December 9, 1999)(FCC 99-335)(Line Sharing Order). Staff found that approval of this Amendment would make its terms available to other competitors and enhance the market. Staff also concurs with the companies’ claim that the Agreement is consistent with pro-competitive policies of the Commission, the Idaho Legislature, and the Telecommunications Act of 1996. Accordingly, it is consistent with the public interest, convenience and necessity. Based on the foregoing Staff recommended the Amendment to the terms of the previously adopted interconnection agreement be approved.
Commission Decision:
Should the Joint Application of GTE Northwest Incorporated and DSLnet Communications LLC for approval of an Amendment to the terms to a previously adopted interconnection agreement be approved?
John R. Hammond
Staff: Wayne Hart
DECISION MEMORANDUM 2