20030822Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
WORKING FILE
FROM:DOUG COOLEY
DATE:AUGUST 21, 2003
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS; CASE
NOS. QWE-03-, QWE-03-18, QWE-02-2 AND QWE-02-22.
BACKGROUND
Under the provisions of the Federal Telecommunications Act of 1996 , interconnection
agreements must be submitted to the Commission for approval. 47 U.C. ~ 252(e)(1). The
Commission may reject an agreement adopted by negotiations only if it finds that the agreement:
(1) discriminates against telecommunications carrier not a party to the agreement; or (2)
implementation of the agreement is not consistent with the public interest, convenience and
necessity. 47 U.C. ~ 252(e)(2)(A). As the Commission recently noted in Order No. 28427
companies voluntarily entering into interconnection agreements "may negotiate terms, prices and
conditions that do not comply with either the FCC rules or with the provisions with Section
251(b) or (c)." Order No. 28427 at 11 (emphasis original). This comports with the FCC's
statement that
, "
a state commission shall have authority to approve an interconnection agreement
adopted by negotiation even if the terms of the agreement do not comply with the requirements
of (Part 51)." 47 C.R. ~ 51.3.
THE CURRENT APPLI CA TI 0 NS
The Commission has been asked to approve one interconnection agreement and two
amendments to existing interconnection agreements. The items are discussed in greater detail
below.
DECISION MEMORANDUM AUGUST 21 , 2003
1. Qwest Corporation and MCImetro Access Transmission Services LLC (Case No. QWE-
02-22). In this Application, the parties request that the Commission approve an amendment to an
existing interconnection agreement. This amendment adds terms and conditions regarding
Collocation Available Inventory.
2. Qwest Corporation and XO Idaho, Inc. (Case No. QWE- T 02-2).In this amendment
terms and conditions are added for Collocation Transfer of Responsibility.
3. Qwest Corporation and IDACOMM, Inc. (Case No. QWE-03-18).In this Application
the parties request that the Commission approve an interconnection agreement. The agreement is
referred to as Qwest's Third Revision of a Statement of Generally Available Terms for
interconnection or SGAT.
4. Qwest Corporation and Regal Diversified, Inc., d.a. Regal Telephone Company. (Case
No. QWE- T 03-16).In this Application, the parties request that the Commission approve a resale
interconnection agreement.
STAFF ANALYSIS
Staff has reviewed the Applications and did not find that any terms or conditions are
discriminatory or contrary to the public interest. Staff believes that the agreements are consistent
with the pro-competitive policies of this Commission, the Idaho Legislature, and the Federal
Telecommunications Act. Accordingly, Staff believes that the agreements merit the
Commission s approval.
COMMISSION DECISION
Does the Commission approve the Applications for interconnection and amendments to
existing interconnection agreements?
DOg COO! Y
i:dmemo/intc dm28
DECISION MEMORANDUM AUGUST 21 2003