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HomeMy WebLinkAbout20040223Decision Memo.pdfDECISION MEMORANDUM TO:CO MMISSI 0 NER KJELLAND ER COMMISSIONER SMITH COMMISSIONER HANSEN COMMISSION SECRETARY COMMISSION STAFF LEGAL WORKING FILE FROM:WAYNE HART DATE:FEBRUARY 20, 2004 RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS AND AMENDMENTS: CASE NOS. USW-99-22; USW-00-5; USW-00-14; USW-00-17; USW-00-21; QWE-02-2; QWE-Ol-13; QWE-04- VZN-04-1 (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 C. ~ 252(e)(1). The Commission may reject an agreement adopted by negotiations only ifit 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 U.c. ~ 252(e)(2)(A). THE CURRENT APPLICATIONS 1. Qwest and NPCR, Inc. dba Nextel Partners (Case No. USW-99-22). This is an amendment to a previously approved agreement implementing new reciprocal compensation tenns based upon a three-month study of traffic between the two companies. 2. Owest and Integra Telecom ofIdaho, Inc. (Case No. USW-00-. This Application is for an amendment to an existing interconnection agreement adding tenns for the conversion of private line service to Unbundled Dedicated Interoffice Transport (UDIT). 3. Owest and Time Warner Telecom ofIdaho, LLC (Case No. USW-00-14). This Application seeks approval of two amendments to an existing agreement. The first amendment DECISION MEMORANDUM - 1 -FEBRUARY 20, 2004 provides general tenns for Collocation Available Inventory, and the second provides promotional rates for Collocation Available Inventory for a limited time period. 4. Qwest and American Fiber Network, Inc. (Case No. USW-00-17). This Application is for an amendment to update the agreement to reflect changes in regulatory requirements implemented in the Federal Communications Commission s Triennial Review Order (TRO). This amendment deals with those TRO elements that were not delegated to states for further analysis 5. Qwest and Electric Lightwave, Inc. (Case No. USW-00-21). This Application seeks approval of an amendment to an existing agreement that provides tenns for unbundled dark fiber. 6. Qwest and 1-800-Reconex, Inc. (Case No. OWE-01-13). This Application is for an amendment to an existing agreement providing tenns for unbundled public access lines (UNE- PAL). 7. Owest and XO Idaho, Inc. (Case No. OWE-02-. This Application is for an amendment to provide promotional rates for available collocation inventory. 8. Owest and Granite Telecommunications, Inc. (Case No. QWE-04-. This Application seeks approval of a new agreement based on the Statement of Generally Available Tenns (SGAT). 9. Verizon and Granite Telecommunications, LLC. (Case No. VZN-04-. The companies submitted both a new original agreement and an amendment to the agreement. The agreement contains tenns that are similar to tenns from other Verizon agreements previously approved by the Commission. The amendment updates the agreement to reflect changes in regulatory requirements implemented in the Federal Communications Commission s Triennial Review Order (TRO). This amendment deals with those TRO elements that were not delegated to states for further analysis STAFF ANALYSIS The Staffhas reviewed all of these Applications and did not find any tenns and conditions that it considers 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 Telecommunications Act of 1996. Accordingly, Staff believes that the Agreements and Amendments to previously approved interconnection agreements merit the Commission s approval. DECISION MEMORANDUM - 2 -FEBRUARY 20, 2004 COMMISSION DECISION Does the Commission wish to approve the Applications for Approval of the Interconnection Agreements and Amendments listed above? i:udmemos/intc dmO2 DECISION MEMORANDUM - 3 -FEBRUARY 20, 2004