20020812Decision 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:AUGUST 12,2002
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS ANDAMENDMENTSTOINTERCONNECTIONAGREEMENTS;
CASE NOS,VZN-T-02-08,AND QWE-T-02-12
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 voluntarilyentering 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
DECISION MEMORANDUM l AUGUST 12,2002
adopted by negotiation even if the terms of the agreement do not complywith the requirements
of [Part 51]."47 C.F.R.§51.3.
THE CURRENT APPLICATIONS
The Commission has been asked to approve two amendments to existing interconnection
agreements.The amendments are discussed in greater detail below.
1.Owest Corporation and Excel Telecommunications,Inc.(Case No.QWE-T-02-12).In
this Application,the parties request that the Commission approve a wireline interconnection
agreement.The terms and conditions of the agreement appear to be the same as other agreements
and amendments previouslyapprovedby this Commission.
2.Verizon Northwest,Inc.and Quantum Shift Communications,Inc.(Case No.VZN-T-02-
08).In this Application the parties request that the Commission approve Quantum Shift's adoption
of the negotiatedinterconnection agreement between Sprint Communications Company L.P.and
Verizon California,Inc.
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?
i/udmemos/inten dec memo 18
DECISION MEMORANDUM 2 AUGUST 12,2002