20040510Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:DOUG COOLEY
DATE:MAY 5, 2004
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS; CASE
NOS. USW-00-, QWE-02-, AND QWE-04-
BACKGROUND
Under the provisions of the Federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. 9252(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 US.c. 9252(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.
9 51.3.
THE CURRENT APPLICATIONS
The Commission has been asked to approve one interconnection agreement and three
amendments to existing interconnection agreements. The items are discussed in greater detail below.
DECISION MEMORANDUM MAY 5 , 2004
1. Qwest Corporation and Time Warner Telecom ofIdaho, LLC (Case No. USW-OO-14).
this Application, the parties request that the Commission approve an amendment to an existing
interconnection agreement. The amendment adds terms and conditions regarding promotions for
collocation sites.
2. Qwest Corporation and MCImetro Wor1dcom Network Service, Inc. (Case No. QWE-02-
22).This case involves two separate amendments. In the first, the parties add terms regarding Business
Escalation Agreements. In the second, the parties add terms regarding Qwest DSL provided with UNE-
3. Qwest Corporation and Comtech2L LLC. (Case No. QWE-O4-07).In this case, the parties
request that the Commission approve an interconnection agreement. The terms are similar to those
already approved by this Commission and commonly known as Qwest's Third Revision of its SGAT.
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
approval.
COMMISSION DECISION
Does the Commission approve the Applications for interconnection and amendments to
existing interconnection agreements?
~::;i
i:udmemos/intcn dm34
DECISION MEMORANDUM MAY 5, 2004