20020530Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
JEAN JEWELL
DON HOWELL
JOHN HAMMOND
RANDY LOBB
JOE CUSICK
CAROLEE HALL
WAYNE HART
BIRDELLE BROWN
LYNN ANDERSON
BEV BARKER
LOU ANN WESTERFIELD
RON LAW
GENE FADNESS
TONYA CLARK
WORKING FILE
FROM:DOUG COOLEY
DATE:MAY 30,2002
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS ANDAMENDMENTSTOINTERCONNECTIONAGREEMENTS;CASE NOS.QWE-T-02-10,QWE-T-00-13,VZN-T-01-6,VZN-T-02-6.
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)(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.§252(e)(2)(A).As the Commission recently noted in Order No.28427,
companies voluntarilyentering into interconnection agreements "may negotiate terms,prices and
conditions that do na 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
DECISION MEMORANDUM l MAY 30,2002
statement that,"a state commission shall have authorityto 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.F.R.§51.3.
THE CURRENT APPLICATIONS
The Commission has been asked to approve two interconnection agreements and two
amendments to existing interconnection agreements.The amendments are discussed in greater
detail below.
1.Owest Corporation and Metrocall,Inc.(Case No.QWE-T-02-10).In this Application
the parties request that the Commission approve a paging interconnection agreement.
2.Qwest Corporation and Eschelon Telecom,Inc.(Case No.QWE-T-00-13).In this
Application the parties request that the Commission approve an amendment to the existing
interconnection agreement.This amendment adds terms and conditions for calculating local usage
charges associated with UNE-E switching.
3.Verizon Northwest,Inc.and Fuzion Wireless Communications,Inc.(Case No.VZN-T-
01-6).In this Application the parties request that the Commission approve an amendment to the
existing interconnection agreement.The amendment addresses compensation for Internet Service
Providers (ISP).
4.Verizon Northwest,Inc.and One EightyNetworks,Inc.(Case No.VZN-T-02-6).In
this Application the parties request that the Commission approve a wireline interconnection
agreement.
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.
DECISION MEMORANDUM 2 MAY 30,2002
COMMISSION DECISION
Does the Commission approve the Applications for Approval of the Interconnection
Agreements listed above?
doug Cloley
inten dec memo 16
i/udmemos/inten dec memo 16
DECISIONMEMORANDUM 3 MAY 30,2002