HomeMy WebLinkAbout2000912_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: SEPTEMBER 12, 2000
RE: IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND WWC HOLDING CO., INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). CASE NO. QWE-T-00-2
On July 25, 2000, Qwest Corporation and WWC Holding Co., Inc. filed a Joint Application for approval of a negotiated interconnection agreement. 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. On August 9, 2000, the Commission issued a Notice of Joint Application and Notice of Modified Procedure, which requested persons interested in submitting comments to do so no later than August 30, 2000. On August 30, 2000, the Staff filed its comments, which recommended that the Joint Application be approved. Staff was the only party to file comments.
BACKGROUND
Under the terms of the 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 negotiation only if it finds that it discriminates against a telecommunication carrier not a party to it 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, it is deemed approved. 47 U.S.C. § 252 (e)(4). The Commission’s decision is not reviewable by the state courts. Id.
Staff Recommendation:
Staff reviewed the language of this Agreement and did not find any terms or conditions that it would consider discriminatory. Staff also recognized that the rates and terms in this agreement are very similar to those contained in other Type 2 wireless interconnection agreements submitted by Qwest when it was known as U S WEST Communications. The Commission has previously approved those agreements. Finally, Staff concurs 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. Staff concluded that the Agreement is consistent with the public interest and recommended that it be approved.
Commission Decision:
Should the Joint Application of Qwest Corporation and WWC Holding Co., Inc. for approval of an interconnection agreement be approved?
JOHN R. HAMMOND
Staff: Wayne Hart
DECISION MEMORANDUM 2