20020509Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
JEAN JEWELL
DON HOWELL
JOHN HAMMOND
CAROLEE HALL
WAYNE HART
BIRDELLE BROWN
LYNN ANDERSON
BEV BARKER
LOU ANN WESTERFIELD
RON LAW
GENE FADNESS
TONYA CLARK
WORKING FILE
FROM:gggQ OOLEg
DATE:MAY 9,2002
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS AND
AMENDMENTS TO INTERCONNECTION AGREEMENTS;
CASE NOS.QWE-T-02-8,USW-T-97-10,VZN-T-02-4.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996,interconnection
agreements must be submitted to the Commission for approval.47 U.S.C.§252(e)(l).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.§252(e)(2)(A).As the Commission recently noted in Order No.28427,
companies voluntarily entering into interconnection agreements "may negotiateterms,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
DECISION MEMORANDUM 1 MAY 9,2002
adopted by negotiation even if the terms of the agreement do not comply with the requirements
of [Part 51]."47 C.F.R.§51.3.
THE CURRENT APPLICATIONS
The Commission has been asked to approve three amendments to existing
interconnection agreements.The amendments are discussed in greater detail below.
1.Qwest Corporation and Level 3 Communications,LLC.(Case No.QWE-T-02-8).In
this Applicationthe parties request that the Commission approve Level 3's adoption of the
interconnection agreement between Qwest and Bridgeband Communications,Inc.(See Order No.
28940)
2.Qwest Corporation and AT&T Wireless (Case No.USW-T-97-10).In this Application
the parties request that the Commission approve an amendment to the existing interconnection
agreement.This amendment adds terms and conditions for Internet Service Providers (ISP).
3.Verizon Northwest,Inc.and Level 3 Communications,LLC.(Case No.VZN-T-02-4).
In this Application the parties request that the Commission approve Level 3's adoption of the
interconnection agreement between Verizon Northwest and Ciera Network Systems,Inc.(See
Order No.28965)
STAFF ANALYSIS
The Staff has reviewed these Applications and did not find that any terms or conditions
are discriminatory or contrary to the public interest.Staff believes that these agreements are
consistent with the pro-competitive policies of this Commission,the Idaho Legislature,and the
federal Telecommunications Act.Accordingly,Staff believes that these agreements merit the
Commission's approval.
COMMISSION DECISION
Does the Commission approve the Applications for Approval of the Interconnection
Agreements listed above?
ug Cooley
inten dec memo 15
i/udmemos/inten dec memo 15
DECISION MEMORANDUM 2 MAY 9,2002