Loading...
HomeMy WebLinkAbout20031201Decision Memo.pdfc;. DECISION MEMORANDUM TO:COMMISSIONER KJELLANDER COMMISSIONER SMITH CO MMISSI 0 NER HANSEN COMMISSION SECRETARY COMMISSION STAFF LEGAL WORKING FILE FROM:DOUG COOLEY DATE:NOVEMBER 26, 2003 RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS; CASE NOS. QWE-01-26, QWE-02-3, QWE-02-9, USW-99-, QWE-03- AND QWE- T -03-21. BACKGROUND Under the provisions of the Federal Telecommunications Act of 1996, interconnection agreements must be submitted to the Commission for approval. 47 U.C. ~ 252(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.c. ~ 252(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 25l(b) or (c)." Order No. 28427 at 11 (emphasis original). This comports with the FCC' 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.R. ~ 51.3. DECISION MEMORANDUM NOVEMBER 26, 2003 THE CURRENT APPLICATIONS The Commission has been asked to approve one interconnection agreement and five amendments to existing interconnection agreements. The items are discussed in greater detail below. 1. Qwest Corporation and BridgeBand Communications, Inc. (Case No. QWE-01-26). In this Application, the parties request that the Commission approve an amendment to an existing interconnection agreement. The amendment adds new rates for Exhibit A in Qwest's Statement of Generally Available Terms (SGAT). 2. Qwest Corporation and ICG Telecom Group, Inc. (Case No. QWE-02-3).In this Application, the parties request that the Commission approve an amendment to an existing interconnection agreement. The amendment adds new rates for Exhibit A in Qwest's Statement of Generally Available Terms (SGAT). 3. Qwest Corporation and Centel Communications, Inc. (Case No. QWE-02-9).In this Application, the parties request that the Commission approve an amendment to an existing interconnection agreement. The amendment adds new rates for Exhibit A in Qwest's Statement of Generally Available Terms (SGAT). 4. 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 new rates for Exhibit A in Qwest's Statement of Generally Available Terms (SGAT). 5. Qwest Corporation and Contact Communications, Inc. (Case No. QWE-03-3).In this Application, the parties request that the Commission approve an amendment to an existing interconnection agreement. The amendment adds new rates for Exhibit A in Qwest's Statement of Generally Available Terms (SGAT). 6. Qwest Corporation and Nevada Wireless, LLC. (Case No. QWE-03-21).In this Application, the parties request that the Commission approve a Type 2 wireless interconnection agreement. STAFF ANALYSIS Staffhas 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 DECISION MEMORANDUM NOVEMBER 26, 2003 with the pro-competitive policies of this Commission, the Idaho Legislature, and the Federal Telecommunications Act. Accordingly, Staff believes that the agreements merit the Commission s approval. COMMISSION DECISION Does the Commission approve the Applications for interconnection and amendments to existing interconnection agreements? i:dmemo/intc dm30 DECISION MEMORANDUM NOVEMBER 26, 2003