HomeMy WebLinkAbout20001017_jh.docDECISION MEMORANDUM
TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
JEAN JEWELL
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: OCTOBER 17, 2000
RE: IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORTION AND DPI TELECONNECT, LLC FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). CASE NO. QWE-T-00-5
On September 6, 2000, Qwest Corporation and DPI Teleconnect, LLC (“DPI”) 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 September 14, 2000, the Commission issued a Notice of Joint 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 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 October 4, 2000.
Staff Recommendation:
Staff reviewed the language of this Agreement and did not find any terms or conditions that it would consider discriminatory. Staff found the terms and conditions of the agreement to be similar to other resale agreements submitted by Qwest/U S WEST and previously approved by this Commission. Accordingly, Staff recommends that the Joint Application for approval of an interconnection agreement be approved.
Commission Decision:
Should the Joint Application of Qwest Corporation and DPI Teleconnect, LLC for approval of an interconnection agreement be approved?
John R. Hammond
Staff: Wayne Hart
DECISION MEMORANDUM 2