20020220Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
JEAN JEWELL
DON HOWELL
JOHN HAMMOND
RANDY LOBB
JOE CUSICK
CAROLEE HALL
WAYNE HART
BIRDELLE BROWN
LYNN ANDERSON
BEV BARKER
LOU ANN WESTERFIELD
RON LAW
GENE FADNESS
TO NY A CLARK
WORKING FILE
FROM:DOUG COOLEY
DATE:FEBRUARY 20, 2002
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENT; CASE
NO. QWE-02-02.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 D.C. 9252(e)(l). 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. 9252(e)(2)(A). As the Commission recently noted in Order No. 28427
companies voluntarily entering into interconnection agreements "may negotiate tenns, prices and
conditions tha~ 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'
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. 9 51.3.
DECISION MEMORANDUM FEBRUARY 20, 2002
THE CURRENT APPLI CA TI 0 N
The Commission has been asked to approve one wire line interconnection agreement.
This Agreement is discussed in greater detail below.
1. Owest Corporation and XO Idaho. Inc. (Case No. OWE-02-. In this Application, the
parties request that the Commission approve a wire line interconnection agreement. The terms and
conditions of the agreement are similar to other agreements and amendments previously approved
by this Commission. (See QWE-01-22).
STAFF ANALYSIS
The Staff has reviewed this Application and did not find that any terms or conditions are
discriminatory or contrary to the public interest. Staff believes that this Agreement is consistent
with the pro-competitive policies of this Conllnission, the Idaho Legislature, and the federal
Telecommunications Act. Accordingly, Staff believes that this Agreement merits the
Commission s approval.
COMMISSION DECISION
Does the Commission approve the Application for Approval of the Interconnection
Agreement listed above?
-&0
oug ~OOleY
intcn dec memo 12
DECISION MEMORANDUM FEBRUARY 20, 2002