20031014Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
WORKING FILE
FROM:WAYNE HART
DATE:OCTOBER 6, 2003
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS AND
AMENDMENTS: CASE NOS. CTC-03-1; SPR-Ol-l; USW-99-
QWE-01-15; QWE-03-7; QWE-03-17; QWE-03-19; VZN-03-
(AGREEMENT AND AMENDMENT).
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)(1). The
Commission may rej ect an agreement adopted by negotiations only if it finds that the agreement:
(1) discriminates against a 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).
THE CURRENT APPLICATIONS
1. Citizens Telecommunications Company ofIdaho and Edge Wireless. LLC (Case No.
CTC-03-l).This is a new agreement for Interconnection and Traffic Exchange for Cellular
and Other 2-Way Mobile Radio Services. It contains terms that are similar to previously
approved agreements that Citizens has with wireless carriers.
2. Qwest and Sprint Communications Company. LP. (Case No. SPR-Ol-l).This
Application is for an amendment to an existing interconnection agreement providing terms for
UNE-P line splitting.
3. Qwest and Covad Communications Company (Case No. USW-99-3).This
Application is for an amendment to add terms for Basic Installation With Cooperative Testing.
DECISION MEMORANDUM - 1 -OCTOBER 6, 2003
4. Qwest and Preferred Carrier Services. Inc. (Case No. QWE-01-15).This
Application is for an amendment to add terms for participation in Qwest's Performance
Assurance Plan.
5. Qwest and WaveSent LLC (Case No. QWE-03-7).This Application involves an
amendment to an existing paging agreement adding terms for Single Point of Presence.
6. Qwest and AltiComm. Inc. (Case No. QWE- T -03-17).This is an Application to
approve a Resale Agreement.
7. Qwest and LSSi Corp (Case No. QWE-03-19). This is an Application for approval
of an amendment to an existing agreement for Directory Assistance List Information. The
underlying agreement, dated July 28 , 1998, is also submitted for review and approval. The
Company s Application states it does not believe the agreement or amendment fall under the
filing requirements of Section 252, but that it was filing them for Commission review in
accordance with its "broad standard" to ensure compliance with Section 252.
8. Verizon Northwest. Inc. and MCImetro Access Transmission Services (Case No.
VZN- T -03- 7). The Company filed two Applications in this case, one for the underlying
agreement and one for an amendment that added amended terms for collocation. In the original
agreement, MCImetro is adopting the terms of the ICG Telecom California agreement, pursuant
to the GTE/Bell Atlantic merger conditions.
STAFF ANALYSIS
The Staff has reviewed these Applications and did not find any terms and conditions that
it considers to be discriminatory or contrary to the public interest.
Staff has reviewed the terms of the Qwest-LSSi Directory Assistance Information
agreement and also questions whether this agreement is subject to the filing requirements of
Section 252. While directory assistance information is not specifically identified in the items
covered under Section 252, directory services and directory listings provided to CLECs are items
subject to the requirements of Section 252. Staff supports the Company s decision to take a
cautious and conservative approach to this requirement. Staff does not find any of the terms and
conditions of this agreement to be discriminatory or contrary to the public interest.
Staff believes that the Agreements and Amendments are consistent with the pro-
competitive policies of this Commission, the Idaho Legislature, and the federal
DECISION MEMORANDUM - 2 -OCTOBER 6, 2003
Telecommunications Act of 1996. Accordingly, Staff believes that the Agreements and
Amendments to previously approved interconnection agreements merit the Commission
approval.
COMMISSION DECISION
Does the Commission wish to approve the Applications for Approval of the
Interconnection Agreements and Amendments listed above?
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DECISION MEMORANDUM - 3 -OCTOBER 6, 2003