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DECISION MEMORANDUM TO: COMMISSIONER KJELLANDER COMMISSIONER SMITH COMMISSIONER HANSEN JEAN JEWELL DON HOWELL JOHN HAMMOND RANDY LOBB JOE CUSICK CAROLEE HALL WAYNE HART BIRDELLE BROWN LYNN ANDERSON BEV BARKER LOU ANN WESTERFIELD RON LAW GENE FADNESS TONYA CLARK WORKING FILE FROM: DOUG COOLEY DATE: APRIL 15, 2002 RE: STAFF REVIEW OF INTERCONNECTION AGREEMENTS AND AMENDMENTS TO INTERCONNECTION AGREEMENTS; CASE NOS. QWE-T-02-6, USW-T-98-22, VZN-T-02-2. BACKGROUND Under the provisions of the federal Telecommunications Act of 1996, interconnection 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 voluntarily entering into interconnection agreements "may negotiate terms, prices and conditions that do not 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 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 three amendments to existing interconnection agreements. The amendments are discussed in greater detail below. 1. Qwest Corporation and InteraTel LLC. (Case No. QWE-T-02-6). In this Application the parties request that the Commission approve a wireline interconnection agreement. The terms and conditions of the agreement appear to be the same as other agreements and amendments previously approved by this Commission. 2. Qwest Corporation and Advanced TelCom Group, Inc. (Case No. USW-T-98-22). In this Application the parties request that the Commission approve an amendment to the existing interconnection agreement. This amendment adds terms and conditions for UNE-P Line Splitting and UNE Combinations. 3. Verizon Northwest, Inc. and Excel Telecommunications, Inc. (Case No. VZN-T-02-2). In this Application the parties request that the Commission approve Excel's adoption of the interconnection agreement between Verizon Northwest and VarTec Telecom, Inc. (See Case No. VZN-T-01-16, Order No. 28940) STAFF ANALYSIS The 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 consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal Telecommunications 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? _______________________________ Doug Cooley intcn dec memo 14