HomeMy WebLinkAbout2000818_jh.docDECISION 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: AUGUST 18, 2000
RE: IN THE MATTER OF THE JOINT APPLICATION OF GTE NORTHWEST INCORPORATED AND NEW EDGE NETWORK, INC. DBA NEW EDGE NETWORKS FOR APPROVAL, PURSUANT TO 47 U.SC. § 252(e), OF AN AMENDMENT TO A PREVIOUSLY APPROVED INTERCONNECTION AGREEMENT. CASE NO. GTE-T-00-6.
On June 30, 2000, GTE Northwest Incorporated and New Edge Network, Inc. d.b.a. New Edge Networks filed an Amendment to an existing interconnection agreement between them. On July 24, 2000, the Commission issued a Notice of Joint Application and Notice of Modified Procedure. Order No. 28455. The Commission Staff filed its comments on August 14, 2000. The Staff was the only party to file comments.
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.
STAFF RECOMMENDATION
On May 9, 2000 in Order No. 28373 the Commission approved New Edge’s underlying interconnection agreement with GTE. In reviewing the Amendment to this agreement the Staff noted that the language of the Amendment adds terms and conditions for line sharing and found that these items will be available to other competitors and increase their options. Staff Comments at 2. As such Staff did not find any terms or conditions that were considered discriminatory. Id. Finally, the Staff concurred with the companies’ claim that the Agreement is consistent with the pro-competitive policies of the Commission, the Idaho Legislature, and the Telecommunications Act of 1996, making it consistent with the public interest. Id.
Based on the foregoing, Staff in its Comments recommended that the Amendment to the underlying interconnection agreement between these parties be approved.
Commission Decision:
Should the Amendment to the previously approved interconnection agreement between GTE Northwest Incorporated and New Edge Networks, Inc. d.b.a. New Edge Networks be approved?
John R. Hammond
Staff: Wayne Hart
M:GTET006_jh
DECISION MEMORANDUM 2