20030113_363.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
JEAN JEWELL
DON HOWELL
JOHN HAMMOND
RANDY LOBB
JOE CUSICK
WORKING FILE
FROM:DOUG COOLEY
DATE:JANUARY 10, 2003
RE:STAFF REVIEW OF AMENDMENTS AND INTERCONNECTION
AGREEMENTS; CASE NOS. USW-00-, QWE-01-15, AND
QWE- T -00-20.
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 U.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 51)." 47 C.R. ~ 51.3.
THE CURRENT APPLICATIONS
The Commission has been asked to approve three amendments to existing
interconnection agreements. The items are discussed in greater detail below.
DECISION MEMORANDUM JANUARY 10 2003
1. Qwest Corporation and Arch Wireless Operating Company, Inc. (Case No. USW - T -00-
20). In this Application, the parties request that the Commission approve an amendment to an
existing agreement. This amendment extends the agreement date and adds terms and conditions
regarding Single Point of Presence.
2. Qwest Corporation and Preferred Carrier Services, Inc. (Case No. QWE-01-15).
this Application, the parties request that the Commission approve an amendment to an existing
interconnection agreement. This amendment adds terms and conditions for Unbundled Network
Element (UNE) combinations.
3. Qwest Corporation and Cricket Communications, Inc. (Case No. QWE-00-20).In this
Application, the parties request that the Commission approve an amendment to an existing
interconnection agreement. This amendment adds terms and conditions for collocation of facilities.
STAFF ANALYSIS
Staff has reviewed the Applications 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 agreements merit the
Commission s approval.
COMMISSION DECISION
Does the Commission approve the Applications for amending the Interconnection
Agreements?
i:udmemos/intcn dec memo 22
DECISION MEMORANDUM JANUARY 10 2003