HomeMy WebLinkAbout20000810Decision Memo.doc DECISION MEMORANDUM
TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
RON LAW
TONYA CLARK
LYNN ANDERSON
DON HOWELL
RANDY LOBB
JOE CUSICK
WAYNE HART
WORKING FILE
FROM: JOHN R. HAMMOND
DATE: AUGUST 10, 2000
RE: IN THE MATTER OF THE JOINT APPLICATION OF U S WEST COMMUNICATIONS, INC. AND INTEGRA TELECOM OF IDAHO, INC., FOR APPROVAL OF AN AMENDMENT TO A PREVIOUSLY APPROVED INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e); CASE NO. USW-T-00-05.
On June 26, 2000, U S WEST Communications, Inc. submitted an application for approval of an Amendment to an existing interconnection agreement between itself and Integra Telecom of Idaho, Inc. The Amendment supplements the terms to a previously adopted interconnection agreement between these companies. The Joint Application states that the agreement was reached through voluntary negotiations without resort to mediation or arbitration and is submitted for approval pursuant to Section 252(e) of the Telecommunications Act of 1996. The companies also claim that the Amendment to the agreement is not discriminatory against any other company and that it is consistent with the public interest, convenience and necessity.
On July 5, 2000, the Commission issued a Notice of Joint Application and Notice of Modified Procedure. Order No. 28424. The Commission Staff filed its Comments on July 12, 2000.
BACKGROUND
Under the terms of the Telecommunications Act of 1996, interconnection agreements and amendments to those agreements must be submitted to the Commission for approval. 47 U.S.C. § 252 (e)(1). The Commission may reject an agreement adopted by negotiation only if it finds that the agreement discriminates against a telecommunication carrier not a party to the agreement or implementation of the agreement is not consistent with the public interest, convenience and necessity. 47 U.S.C. § 252 (e)(2)(A). If the Commission does not act to approve or reject the agreement within 90 days after its submission, the agreement is deemed approved. 47 U.S.C. § 252 (e)(4). The Commission’s decision is not reviewable by the state courts. Id.
In the Commission’s Notice of Modified Procedure, persons interested in submitting comments were requested to do so no later than July 26, 2000. Only Staff comments were filed.
Staff Recommendation:
Staff has reviewed the Amendment and did not find any terms or conditions that were discriminatory. The Amendment adds services, which are in compliance with the Federal Communications Commission’s November 5 Order in Docket No. 96-98. The services added include pre-existing combinations of unbundled network elements, shared interoffice transport and custom routing. The terms and conditions contained in this Amendment are available to other competitors. Staff believes the availability of these services will enhance the competitive market. Therefore, Staff concurs with the companies’ claim that the Agreement is consistent with pro-competitive policies of the Commission, the Idaho Legislature, and the Telecommunications Act of 1996. Accordingly, it is consistent with the public interest, convenience and necessity. Based on the foregoing Staff recommended in its Comments that the Joint Application for approval of amendment to the terms of the previously adopted interconnection agreement be approved.
Commission Decision:
Should the Joint Application of U S WEST Communications, Inc. and Integra Telecom of Idaho, Inc. for approval of Amendments to the terms to a previously adopted interconnection agreement be approved?
John R. Hammond
Staff: Wayne Hart
DECISION MEMORANDUM 2