HomeMy WebLinkAbout20001023_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
BEVERLY BARKER
WORKING FILE
FROM: JOHN R. HAMMOND
DATE: OCTOBER 23, 2000
RE: IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND @LINK NETWORKS, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). CASE NO. QWE-T-00-6
On September 8, 2000, Qwest Corporation and @link Networks, Inc. filed a Joint Application for approval of a negotiated interconnection agreement. The 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 26, 2000, the Commission issued a Notice of Joint Application and Notice of Modified Procedure. See Order No. 28515.
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 17, 2000.
STAFF RECOMMENDATION
Staff reviewed the language of this agreement and did not find any terms or conditions that were discriminatory. @link essentially wants to opt into the U S WEST-Covad agreement approved by this Commission on April 22, 1999. Order No. 28012, Case No. USW-T-99-3. 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. 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 @link Networks, Inc. for approval of an interconnection agreement be approved?
JOHN R. HAMMOND
Staff: Wayne Hart
M:qwet006_jh
DECISION MEMORANDUM 2