20040727Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JULY 22, 2004
RE:AGREEMENT BETWEEN LIGHTYEAR NETWORK SOLUTIONS, LLC
AND QWEST CORPORATION TO ADOPT QWEST'S STATEMENT OF
GENERALLY AVAILABLE TERMS ("SGA T") AND ASSOCIATED
EXHIBITS, FOR THE STATE OF IDAHO. COMMISSION CASE NO.
QWE- T -04-19.
BACKGROUND
Under the provisions of the Federal Telecommunications Act of 1934, as amended by the
Telecommunications Act of 1996 (the "Act"), Agreements reached through voluntary
negotiations without resort to mediation or arbitration are submitted to the Commission for
approval pursuant to Section 252( e) of the Act.
Section 252(e)(2) of the Act directs that a state Commission may reject an agreement
reached through voluntary negotiations only if the Commission finds that: the agreement (or
portiones) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an agreement (or portion) is not consistent with the
public interest, convenience and necessity.
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
11 (emphasis original). This is consistent with the FCC's statement that
, "
a state commission
shall have authority to approve an interconnection agreement adopted by negotiations even if the
terms of the agreement do not comply with the requirements of (Part 51 J." 47 C.F .R. 9 51.
DECISION MEMORANDUM - 1 -JULY 22, 2004
THE SGA T AND EXHIBITS
The Commission has been asked to approve the adoption of the SGA T Agreement in the
joint Application of Qwest Corporation and Light year Network Solutions, LLC ("Light year
pursuant to 47 D.C. 9252(E). The effective SGAT and corresponding exhibits being adopted
herein are as follows:
SGAT
Exhibit A
Exhibit B
Exhibit B 1
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Exhibit L
Exhibit M
STAFF ANALYSIS
Statement of Generally Available Terms
Idaho Rates
Service Performance Indicators
Manual Service Order Accuracy
Service Interval Tables
Qwest Right of Way, Pole Attachment and/or
Inner duct Occupancy General Information Doc.
Vertical Switch Features for UNE Switching
Special Request Process
Change Management Process (CMP)
Reserved for Future Use
Individual Case Basis (ICB)
Election of Reciprocal Compensation Option
Performance Assurance Plan
Advice Adoption Letter
Interim Advice Adoption Letter
dated 07/25/02
dated 04/26/04
dated 06/29/04
dated 03/12/03
dated OS/24/02
dated OS/24/02
dated OS/24/02
dated OS/24/02
dated OS/24/02
dated OS/24/02
dated OS/24/02
dated OS/24/02
dated 06/29/04
dated OS/24/02
dated OS/24/02
Staff has reviewed the Application and believes the terms and conditions established in
the SGAT are not discriminatory or contrary to the public interest. In addition Staff believes
approval of the agreement and exhibits is consistent with the pro-competitive policies of this
Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly,
Staff recommends the Commission approve the Agreement to adopt the SGA
COMMISSION DECISION
Does the Commission wish to approve the Application to adopt the SGA T between
Qwest Corporation and Light year?
u/challl Adoption of SGA Ts/QWE- T-O4-19 Light year Network Solutions, LIT and Qwest
DECISION MEMORANDUM - 2-JULY 22, 2004