20031114Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
WORKING FILE
FROM:DOUG COOLEY
DATE:NOVEMBER 7,2003
RE:ST AFF REVIEW OF INTERCONNECTION AGREEMENTS; CASE
NOS. QWE-03-, USW-99-, AND QWE-03-22.
BACKGROUND
Under the provisions of the Federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 u.S.c. ~ 252(e)(I). 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.S.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 two interconnection agreements and one
amendment to an existing interconnection agreement. The items are discussed in greater detail
below.
DECISION MEMORANDUM NOVEMBER 7, 2003
1. Qwest Corporation and ACN Communication Services. Inc. (Case No. QWE- T -03-26)
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.
2. Qwest Corporation and Multiband Communications. Inc. (Case No. USW-99-30).
this amendment, terms and conditions are added for certain dark fiber elements.
3. Qwest Corporation and High Tech Telephones (Case No. QWE-03-22).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 amendment to an
existing interconnection agreement?
~~e
i:dmemo/intc dm30
DECISION MEMORANDUM NOVEMBER 7, 2003