HomeMy WebLinkAbout20000918Decision Memo.docDECISION MEMORANDUM
TO: COMMISSIONER HANSEN
COMMISSIONER SMITH
COMMISSIONER KJELLANDER
MYRNA WALTERS
RON LAW
LOU ANN WESTERFIELD
TONYA CLARK
LYNN ANDERSON
DON HOWELL
RANDY LOBB
DAVE SCHUNKE
JOE CUSICK
WAYNE HART
WORKING FILE
FROM: JOHN R. HAMMOND
DATE: SEPTEMBER 18, 2000
RE: IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND FIRSTEL, INC. FOR APPROVAL OF AN AMENDMENT TO A WIRELINE INTERCONNECTION AND RESALE AGREEMENT PURSUANT TO 47 U.S.C. § 252(e), CASE NO. USW-T-00-10 AND IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND FAIRPOINT COMMUNICATIONS, INC. FOR APPROVAL OF AN AMENDMENT TO A PREVIOUSLY APPROVED INTERCONNECTION AGREEMENT PURSUANT TO 47 U.S.C. § 252(e), CASE NO. USW-T-00-13.
On August 9, 2000, Qwest Corporation and Fairpoint Communications, Inc. filed a Joint Application for approval of an amendment to their previously approved, negotiated interconnection agreement. On August 13, 2000, Qwest Corporation and Firstel, Inc. filed a Joint Application for approval of an amendment to their previously approved, negotiated wireline interconnection and resale agreement. On August 24, 2000, the Commission issued a Notice of Joint Application and Notice of Modified Procedure for both of these applications. In the Commission’s Notice, persons interested in submitting comments were requested to do so no later than September 14, 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.
Staff Recommendation
In its comments Staff noted that the proposed amendments to these agreements add terms and conditions for unbundled network element combinations and include revisions to the terms and conditions for shared interoffice transport and customized routing. Further, Staff recognized that these amendments will implement the requirements of the Federal Communications Commission’s November 5, 1999 Order in Docket No. 96-98, which identified the unbundled network elements required to satisfy the “necessary” and “impair” standards of Section 251(d)(2) of the Telecommunications Act of 1996. Staff noted that because these terms are available to all other competitors, it does not find them to be discriminatory. Finally, Staff believes these terms will enhance competition and that they are consistent with the pro-competitive policies of the Commission, the Idaho Legislature, and the Telecommunications Act of 1996. Accordingly, Staff found that these amendments were consistent with the public interest and should be approved.
Commission Decision
Should the Joint Applications for amendments of interconnection agreements between Qwest Corporation and Fairpoint Communications, Inc. and Firstel, Inc. respectively be approved?
JOHN R. HAMMOND
Staff: Wayne Hart
The Commission on July 18, 2000 approved the original interconnection agreement between Qwest and Fairpoint. Order no. 28444.
The Commission on June 13, 2000 approved the original interconnection agreement between Qwest and Firstel. Order No. 28396.
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