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HomeMy WebLinkAbout20081212Decision Memo.pdfDECISION MEMORANDUM TO:COMMISSIONER REDFORD CO MMISSI 0 NER SMITH CO MMISSI 0 NER KEMPTON COMMISSION SECRETARY LEGAL WORKING FILE FROM:CAROLEE HALL DATE:DECEMBER 11 2008 RE:QWEST COMMUNICATIONS CORPORATION ("QCC") ADOPTION OF THE INTERCONNECTION AGREEMENT BETWEEN COVIST A, INC. AND VERIZON NORTHWEST, INc. ("VERIZON" CASE NO. VZN-08- BACKGROUND Under the provision of the federal Telecommunications Act of 1996, interconnection agreements must be submitted to the Commission for approval. 47 US.C. ~ 252(e)(1). The Commission may reject an agreement adopted by negotiations only if it finds that the agreement: (1) discriminates against a 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.C. ~ 252(e)(2)(A). As the Commission 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 provision of Section 251 (b) or (c). Order No. 28427 at 11 (emphasis in original). This comports with the FCC's statement that " 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 51 J. 47 c.F.R. ~ 51.3. CURRENT APPLICATION On December 5 , 2008 , Verizon Northwest, Inc. ("Verizon ) and Qwest Communication Corporation ("QCC"), filed an Agreement to adopt the current Interconnection Agreement between V erizon Northwest, Inc. and Covista, Inc. ("Covista DECISION MEMORANDUM - 1 -DECEMBER 11 , 2008 DISCUSSION The various elements of the Covista Agreement being adopted by QCC are: Reciprocal Compensation Termination Traffic; Resale Services; Prices for Unbundled Network Elements; Collocation Rates; and various other interconnection and wholesale rates. ST AFF ANALYSIS Staff has reviewed the Agreement with exhibits between Verizon and QCC and finds them compatible with federal and state guidelines. Moreover, Staff believes that this filing is consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff recommends that the Commission approve the Agreement. COMMISSION DECISION Does the Commission wish to approve the Agreement between Verizon and QCC? i:udmemos/adoption of interconnection agreements/vzntO805 VERIZON AND QCC adoption of the Verizon and Covista, Inc. Agreement. DECISION MEMORANDUM - 2 -DECEMBER 11 , 2008