20030312Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
LEGAL
COMMISSION STAFF
WORKING FILE
FROM:DOUG COOLEY
DATE:MARCH 12, 2003
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENT; CASE NO.
QWE- T -03-
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, convenienc'e 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
25l(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. ~ 51.3.
THE CURRENT APPLI CA TI 0 N
The Commission has been asked to approve one interconnection agreement. The item is
discussed in greater detail below.
1. Qwest Corporation and IDACOMM, Inc. (Case No. QWE- T -03-. In this Application
the parties request that the Commission approve an interconnection agreement. IDACOMM wishes
DECISION MEMORANDUM MARCH 12, 2003
to adopt in its entirety the terms of the agreement approved by this Commission between Sprint
Communications and Qwest Corporation (Case No. SPR-01-1).
STAFF ANALYSIS
Staff has reviewed the Application and did not find that any terms or conditions are
discriminatory or contrary to the public interest. Staff believes that the agreement is consistent
with the pro-competitive policies of this Commission, the Idaho Legislature, and the Federal
Telecommunications Act. Accordingly, Staff believes that the agreement merits the
Commission s approval.
COMMISSION DECISION
Does the Commission approve the Application for Interconnection Agreement?
; Co
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DECISION MEMORANDUM MARCH 12, 2003