HomeMy WebLinkAbout2000912_jh.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 12, 2000.
RE: IN THE MATTER OF THE JOINT APPLICATIONS OF QWEST CORPORATION WITH DSLNET COMMUNICATIONS, LLC, PATHNET, INC. AND INTEGRA TELECOM OF IDAHO, INC. FOR APPROVAL OF AMENDMENTS TO THEIR RESPECTIVE INTERCONNECTION AGREEMENTS PURSUANT TO 47 U.S.C. § 252(e). CASE NO. USW-T-99-19, USW-T-99-29 & USW T-00-5.
On July 17, 18 & 24, 2000, Qwest Corporation filed joint applications for amendments of previously approved interconnection agreements between itself and DSLnet Communications, LLC, Pathnet, Inc. and Integra Telecom of Idaho, Inc. respectively. On August 8, 2000, the Commission issued a Notice of Joint Application and Notice of Modified Procedure. On August 29, 2000, the Staff filed its comments and was the only party to do so.
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 it discriminates against a telecommunication carrier not a party to it 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, it 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 August 29, 2000. Staff recommended that amendments to these interconnection agreements be approved.
Staff Recommendation:
Staff reviewed the language of this Agreement and did not find any terms or conditions that it would consider discriminatory. Staff noted that the amendments simply address products such as unbundled network elements that were not addressed in the original agreements and that most of these items were being made available to comply with federal regulatory decisions that have been released since the negotiations for the original agreements were concluded. Staff also believes that approval of these amendments will make their terms available to other companies, which in turn will enhance market opportunities and competition. Finally, Staff concurs with the companies’ claim that the Agreement is consistent with the pro-competitive policies of the Commission, the Idaho Legislature, and the Telecommunications Act of 1996. Staff concluded that the Agreement is consistent with the public interest and recommended that it be approved.
Commission Decision:
Should the Joint Applications for approval of amendments to interconnection agreements entered into by Qwest Corporation with DSLnet Communications, LLC, Pathnet, Inc. and Integra Telecom of Idaho, Inc. be approved?
JOHN R. HAMMOND
Staff: Wayne Hart
DECISION MEMORANDUM 2