20020920Decision 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
RON LAW
TONYA CLARK
WORKING FILE
FROM:DOUG COOLEY
DATE:SEPTEMBER 20,2002
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS ANDAMENDMENTSTOINTERCONNECTIONAGREEMENTS;CASE NOS.USW-T-00-10 AND QWE-T-02-18
BACKGROUND
Under the provisions of the Federal TelecommunicationsAct of 1996,interconnection
agreements must be submitted to the Commission for approval.47 U.S.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.S.C.§252(e)(2)(A).As the Commission recently noted in Order No.28427,
companies voluntarilyentering 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 authorityto approve an interconnection agreement
DECISION MEMORANDUM 1 SEPTEMBER 20,2002
adopted by negotiation even if the terms of the agreement do not comply with the requirements
of [Part 51]."47 C.F.R.§51.3.
THE CURRENT APPLICATIONS
The Commission has been asked to approve one interconnection agreement and one
amendment to an existing interconnection agreement.The items are discussed in greater detail
below.
1.Qwest Corporation and BasicPhone,Inc.(Case No.QWE-T-02-18).In this Application,
the parties request that the Cormnission approve BasicPhone's adoptiori of the negotiated
interconnection agreement between Qwest Corporation and AT&T Communications of the
Mountain States,Inc.That agreement was approved by the Commission in 1998.
2.Owest Corporation and Ionex Communications North,Inc.(Case No.USW-T-00-10).
In this Application,the parties request that the Commission approve an amendment to an existing
wireline interconnection agreement.The amendment adds terms for Bill and Keep Compensation
arrangements.
STAFF ANALYSIS
Staff has reviewed these Applications and did not find that any terms or conditions are
discriminatory or contraryto the public interest.Staff believes that these agreements are
consistent with the pro-competitive policies of this Commission,the Idaho Legislature,and the
Federal Telecommunications Act.Accordingly,Staff believes that these agreements merit the
Commission's approval.
COMMISSION DECISION
Does the Commission approve the Applications for Approval of the Interconnection
Agreements listed above?
I ug Cøí$ley /
i/udmemos/inten dec memo 19
DECISION MEMORANDUM 2 SEPTEMBER 20,2002