Loading...
HomeMy WebLinkAbout20041129Decision Memo.pdfDECISION MEMORANDUM TO:COMMISSIONER KJELLANDER COMMISSIONER SMITH CO MMISSI 0 NER HANSEN COMMISSION SECRETARY LEGAL WORKING FILE FROM:DOUG COOLEY DATE:NOVEMBER 26, 2004 RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS; CASE NOS. QWE-02-, QWE-02-, QWE-03-20, AND QWE- T -02-20. 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' 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 APPLICATIONS The Commission has been asked to approve four amendments to existing interconnection agreements. The items are discussed in greater detail below. DECISION MEMORANDUM NOVEMBER 26, 2004 1. Qwest Corporation and XO Idaho, Inc. (Case No. QWE- T -02-. In this case, the parties request that the Commission approve an amendment to an existing agreement. With this filing, the parties add terms and conditions regarding DC Power Measuring. 2. Qwest Corporation and MCImetro Access Transmission Services, LLC (Case No. QWE- T -02-22.In this case, the parties request that the Commission approve an amendment to an existing agreement. With this filing, the parties add terms and conditions regarding an Interim Arrangement for a Single Point of Interconnection and the handling of Virtual NXX traffic. 3. Qwest Corporation and Proiect Mutual Telephone Cooperative Association (Case No. QWE- T -03-20). In this case, the parties request that the Commission approve an amendment to an existing agreement. With this filing, the parties adds terms and conditions regarding Local Number Portability (LNP). 4. Qwest Corporation and New Edge Networks, Inc. (Case No. QWE- T -02-20). In this case, the parties request that the Commission approve an amendment to an existing agreement. With this filing, the parties add terms and conditions regarding Commercial Line Sharing. ST AFF 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 amendments to existing interconnection agreements? ~Oley udmemos/intcn dec memo 40 DECISION MEMORANDUM NOVEMBER 26, 2004