20100702Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KEMPTON
CO MMISSI 0 NER SMITH
COMMISSIONER REDFORD
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:CAROLEE HALL
DATE:JUNE 28, 2010
RE:ELECTRIC LIGHTWAVE, LLC ("ELI") APPLICATION TO ADOPT
THE INTERCONNECTION AGREEMENT BETWEEN VERIZON
NORTHWEST TELEPHONE, INc. ("VERIZON") AND ACCESS
POINT, INc. ("API"); CASE NO. VZN-I0-04.
BACKGROUND
Under the provision 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 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 ).
47 C.R. ~ 51.3.
CURRENT APPLICATION
On June 23 2010, Verizon Northwest, Inc. (Verizon) and Electric Lightwave, LLC
ELI") filed an Agreement to adopt the current Interconnection Agreement between Verizon
DECISION MEMORANDUM - 1 -JUNE 28 2010
Northwest, Inc. and Access Point, Inc. ("API"). The Agreement between Verizon and API was
approved on November 5, 2008 in Case No. VZN-08-04.
DISCUSSION
The various elements being adopted by ELI are: Reciprocal Compensation Termination
Traffic; Resale Services; Prices for Unbundled Network Elements; Collocation Rates; and
various other interconnection and wholesale rates.
STAFF ANALYSIS
Staff has reviewed the Agreement with exhibits between Verizon and ELI 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 API?
i:udmemos/vzntIOO4 VERIZON AND ELI adoption of the Verizon and Access Point Agreement.
DECISION MEMORANDUM - 2 -JUNE 28 , 2010