20021112Decision 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
BEV BARKER
RON LAW
GENE FADNESS
TONYA CLARK
WORKING FILE
FROM:DOUG COOLEY
DATE:NOVEMBER 12,2002
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS AND
AMENDMENTS TO INTERCONNECTION AGREEMENTS;
CASE NOS.VZN-T-02-10,CTC-T-02-2,USW-T-00-14,QWE-T-02-18,QWE-T-02-20,AND QWE-T-02-22.
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 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 l NOVEMBER 12,2002
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 four interconnection agreements and three
amendments to existing interconnection agreements.The items are discussed in greater detail
below.
1.Qwest Corporation and BasicPhone,Inc.(Case No.QWE-T-02-18).In this Application,
the parties request that the Commission approve an Amendment to an existing agreement.This
amendment adds terms and conditions for Internet Service Provider (ISP)bound traffic.
2.Qwest Corporation and Time Warner Telecom of Idaho (Case No.USW-T-00-14).In
this Application,the parties request that the Commission approve two amendments to an existing
wireline interconnection agreement.The amendments add terms for Unbundled Dark Fiber and
Direct Trunked Transport.
3.Citizens Telecommunications Company of Idaho and V &V Inc.,d.b.a.The Local
Connection (Case No.CTC-T-02-2).In this Application,the parties request that the Commission
approve a resale wireline interconnection agreement.
4.Verizon Northwest,Inc.and KMC Telecom V.,Inc.(Case No.VZN-T-02-10).In this
Application,the parties request that the Commission approve an interconnection agreement.The
parties wish to adopt the agreement between Sprint Communications Company L.P.and Verizon
California,Inc.in its entirety.
5.Owest Corporation and New Edge Networks Inc.(Case No.QWE-T-02-20).In this
Application,the parties request that the Commission approve an interconnection agreement.The
filing also includes an Amendment regarding DC Power Reduction Procedure and Collocation.
6.Qwest Corporation and MCIMetro Access Transmission Services,LLC )Case No.
QWE-T-02-22.In this Application,the parties request that the Commission approve an
interconnection agreement.The agreement is referred to as Qwest's Statement of Generally
Available Terms for interconnection or SGAT.
STAFF ANALYSIS
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
DECISION MEMORANDUM 2 NOVEMBER 12,2002
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?
þoug Coley
i:udmemos/inten dec memo 20
DECISION MEMORANDUM 3 NOVEMBER 12,2002