20030815Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
WORKING FILE
FROM:DOUG COOLEY
DATE:AUGUST 15, 2003
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENT
CASE NO. VZN-03-
BACKGROUND
Under the provisions of the Federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. ~ 252(e)(1). The
Commission may rej ect 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 US.c. ~ 252(e)(2)(A). As the Commission recently noted in Order No. 28427
companies voluntarily entering 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'
statement that
, "
a state commission shall have authority to approve an interconnection agreement
adopted by negotiation even if the terms of the agreement do not comply with the requirements
of (Part 51J." 47 C.R. ~ 51.3.
THE CURRENT APPLICATIONS
The Commission has been asked to approve one interconnection agreement. The item is
discussed in greater detail below.
1. Verizon Northwest and MCI Worldcom Communications, Inc. (Case No. VZN-03-
In this Application, the parties request that the Commission approve an interconnection agreement.
DECISION MEMORANDUM AUGUST 15 2003
MCI Worldcom wishes to adopt in its entirety the terms of the ICG Telecom California agreement
pursuant to the GTE/Bell Atlantic merger conditions in accordance with paragraph 31 (a) of the
Merger Conditions released by the FCC on June 16 2000 in CC Docket No. 98-184. The parties
have also attached a copy of the agreement that appears to have some rates that are more
competitively priced.
STAFF ANALYSIS
Staffhas reviewed the Application and did not find that any terms or conditions are
discriminatory or contrary to the public interest. Staff believes that the agreement is consistent
with the pro-competitive policies of this Commission, the Idaho Legislature, and the Federal
Telecommunications Act. Accordingly, Staff believes that the agreement merits the
Commission s approval.
COMMISSION DECISION
Does the Commission approve the Application for interconnection agreement?
udmemos/intcn dec memo 27
oug Coley
DECISION MEMORANDUM AUGUST 15 2003