20040409Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:DOUG COOLEY
DATE:APRIL 8, 2004
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS; CASE
NOS USW-99-3 USW-00-21 WE-12 VZN-04-4 VZN-04-
AND QWE-02-
BACKGROUND
Under the provisions ofthe 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 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.S.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 with Section 251 (b) or (c)." Order
No. 28427 at 11 (emphasis original). This comports with the FCC's statement that
, "
a state
commission shall have authority to approve an interconnection agreement adopted by negotiation
even if the terms of the agreement do not comply with the requirements of (Part 51)." 47 C.
951.3.
THE CURRENT APPLICATIONS
The Commission has been asked to approve two interconnection agreements and four
amendments to existing interconnection agreements. The items are discussed in greater detail below.
DECISION MEMORANDUM APRIL 8, 2004
1. Qwest Corporation and Covad Communications Company (Case No. USW-99-3).In this
Application, the parties request that the Commission approve an amendment to an existing
interconnection agreement. The amendment adds terms and conditions regarding CLEC maintenance of
common area splitter collocations.
2. Qwest Corporation and Electric Lightwave Inc. (Case No. USW-00-21).In this
Application, the parties request that the Commission approve an amendment to an existing
interconnection agreement. The amendment adds terms and rates regarding DC power reduction
procedures.
3. Qwest Corporation and Excel Telecommunications, Inc. (Case No. QWE-02-12).In this
Application, the parties request that the Commission approve an amendment to an existing
interconnection agreement. The amendment adds terms and rates regarding Qwest DSL with UNE-
4. Verizon Northwest, Inc. and AIRPEAK Communications LLP (Case No. VZN-04-4).
this case, the parties request that the Commission approve an interconnection agreement. AIRPEAK
has elected to adopt the N extel W estN erizon agreement.
5. Verizon Northwest, Inc. and Northwest Telephone, Inc. (Case No. VZN-04-5).In this
case, the parties request that the Commission approve an interconnection agreement. The terms are
similar to those already approved by this Commission. This agreement also contains an amendment
addressing terms specified by the Federal Communications Commission in the Triennial Review Order
(TRO).
6. Qwest Corporation and XO Idaho, Inc. (Case No. QWE- T -02-2).In this Application, the
parties request that the Commission approve an amendment to an existing interconnection agreement.
The amendment adds terms and rates regarding various network elements.
STAFF ANALYSIS
Staff has reviewed the Applications and did not find that any terms or conditions are
discriminatory or contrary to the public interest. Staff believes that the agreements are consistent
with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal
DECISION MEMORANDUM APRIL 8, 2004
Telecommunications Act. Accordingly, Staff believes that the agreements merit the Commission
approval.
COMMISSION DECISION
Does the Commission approve the Applications for interconnection and amendments to
existing interconnection agreements?
~~~
Doug Co ley
i:udmemos/intcn dm33
DECISION MEMORANDUM APRIL 8, 2004