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 MAXCESS, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e). CASE NO. QWE-T-00-14.
On September 19, 2000, Qwest Corporation and Maxcess, 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 agreement also states that Maxcess has adopted in its entirety the agreement between U S WEST, now Qwest, and Covad Communications Company. See Order No. 28012, Case No. USW-T-99-3. On October 5, 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 26, 2000. Order No. 28532. The Commission 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
The rates and terms in this agreement are identical to those contained in Qwest’s or U S WEST’s agreement with Covad Communications Company. As these terms and conditions will be available to other competitors, 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.
Commission Decision:
Should the Joint Application of Qwest Corporation and Maxcess, Inc. for approval of an interconnection agreement be approved?
John R. Hammond
Deputy Attorney General
Staff: Wayne Hart
DECISION MEMORANDUM 1