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HomeMy WebLinkAbout20030822Decision Memo.pdfDECISION MEMORANDUM TO:COMMISSIONER KJELLANDER COMMISSIONER SMITH COMMISSIONER HANSEN COMMISSION SECRETARY COMMISSION STAFF LEGAL WORKING FILE FROM:DOUG COOLEY DATE:AUGUST 21, 2003 RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS; CASE NOS. QWE-03-, QWE-03-18, QWE-02-2 AND QWE-02-22. 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, convenience 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 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.R. ~ 51.3. THE CURRENT APPLI CA TI 0 NS The Commission has been asked to approve one interconnection agreement and two amendments to existing interconnection agreements. The items are discussed in greater detail below. DECISION MEMORANDUM AUGUST 21 , 2003 1. Qwest Corporation and MCImetro Access Transmission Services LLC (Case No. QWE- 02-22). In this Application, the parties request that the Commission approve an amendment to an existing interconnection agreement. This amendment adds terms and conditions regarding Collocation Available Inventory. 2. Qwest Corporation and XO Idaho, Inc. (Case No. QWE- T 02-2).In this amendment terms and conditions are added for Collocation Transfer of Responsibility. 3. Qwest Corporation and IDACOMM, Inc. (Case No. QWE-03-18).In this Application the parties request that the Commission approve an interconnection agreement. The agreement is referred to as Qwest's Third Revision of a Statement of Generally Available Terms for interconnection or SGAT. 4. Qwest Corporation and Regal Diversified, Inc., d.a. Regal Telephone Company. (Case No. QWE- T 03-16).In this Application, the parties request that the Commission approve a resale interconnection agreement. 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 s approval. COMMISSION DECISION Does the Commission approve the Applications for interconnection and amendments to existing interconnection agreements? DOg COO! Y i:dmemo/intc dm28 DECISION MEMORANDUM AUGUST 21 2003