20040903Decision Memo.pdf

ECISI 0 N MEM ORAND UM
TO:CO MMISSI 0 NER KJELLAND ER
COMMISSIONER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
WORKING FILE
FROM:GRACE SEAMAN
DATE:SEPTEMBER 2, 2004
RE:STAFF REVIEW OF SGAT AND INTERCONNECTION AGREEMENTS;
CASE NOS. QWE-04-21 AND QWE-04-
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. 9252(e)(1). The
Commission may reject an agreement adopted by negotiations only if it 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. 9252(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 of Sections 251 (b) or
(c)." Order No. 82427 at 11 (emphasis original). This comports with the FCC's statement that
, "
state commission shall have authority to approve an interconnection agreement adopted by
negotiation even if the terms of the agreement do no comply with the requirements of (Part 51 J.
47 C.R. 9 51.3.
THE CURRENT APPLICATIONS
The Commission has been asked to approve the adoption of two SGA T agreements. These
applications are discussed in greater detail below.
1. Qwest Corporation and Southwestern Bell Services aka SBC Long Distance (Case No.
OWE-04-21)~This is a joint Application for Approval of Agreement to Adopt SGAT
submitted on August 27, 2004.
DECISION MEMORANDUM - 1 -SEPTEMBER 2, 2004
2. Qwest Corporation and Talk America Inc. (Case No. QWE- T -04-22t This is a joint
Application for Approval of Agreement to Adopt SGA T submitted on August 27, 2004.
The effective SGAT and associated exhibits 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 Rules
Service Performance Indicators
Manual Service Order Accuracy
Service Interval Tables
Qwest Right of Way, Pole Attachment and lor
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 06/29/03
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 OS/24/02
dated 06/29/02
dated OS/24/02
Staff has reviewed the Applications and did not find that any terms or conditions are
discriminatory or contrary to the public interest. Staff believes the agreements are consistent with
the pro-competitive policies of this Commission, the Idaho Legislature, and the federal
Telecommunications Act. Accordingly, Staff believes both agreements merit the Commission
approval.
COMMISSION DECISION
Does the Commission wish to approve both applications?
i:udmemos/QWE SGATs
Grace Seaman
DECISION MEMORANDUM - 2-SEPTEMBER 2, 2004