HomeMy WebLinkAbout20001103_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
JOE CUSICK
WAYNE HART
BEVERLY BARKER
WORKING FILE
FROM: JOHN R. HAMMOND
DATE: NOVEMBER 3, 2000
RE: IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND SILVER STAR TELEPHONE COMPANY, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). CASE NO. QWE-T-00-11.
On September 18, 2000, Qwest Corporation and Silver Star Telephone Company, 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. The Application also states that Silver Star adopts the terms for interconnection as provided in Qwest’s State of Generally Available Terms (“SGAT”) which was filed with the Commission in June 2000. On October 4, 2000, the Commission issued a Notice of Joint Application and Notice of Modified Procedure, which requested that all written comments be filed no later than October 25, 2000. Order No. 28529. 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
This agreement essentially incorporates the rates and terms contained in Qwest’s SGAT. As the SGAT contains language that Qwest will provide these terms and conditions to every competitive local exchange carrier, Staff does not find them to be discriminatory. Staff also concurs with the companies’ claim that the Agreement is consistent with the pro-competitive policies of the Commission, the Legislature, and the Telecommunications Act of 1996. Accordingly, Staff recommends that the Joint Application for approval of an interconnection agreement be approved.
The Commission chose to allow Qwest’s SGAT to become effective without Commission approval, and to defer any consideration of whether the terms and conditions contained in the SGAT complied with the requirements of the federal Telecommunications Act of 1996, to a more appropriate venue. See Case No. USW-T-00-3. Therefore, Staff finds that approval of this agreement based upon Qwest’s SGAT should not represent approval of the SGAT itself or a finding that any of its terms and conditions are consistent with the Act.
Commission Decision:
Should the Joint Application of Qwest Corporation and Silver Star Telephone Company, Inc. for approval of an interconnection agreement be approved?
John R. Hammond
Deputy Attorney General
Staff: Wayne Hart
DECISION MEMORANDUM 1