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HomeMy WebLinkAbout20040719_884.pdfDECISION MEMORANDUM TO:COMMISSIONER KJELLANDER COMMISSIONER SMITH COMMISSIONER HANSEN COMMISSION SECRETARY COMMISSION STAFF LEGAL WORKING FILE FROM:CAROLEE HALL DATE:JULY 7, 2004 RE:AGREEMENT BETWEEN COVIST A, INC. AND QWEST CORPORATION TO ADOPT QWEST'S STATEMENT OF GENERALLY AVAILABLE TERMS ("SGA T") AND ASSOCIATED EXHIBITS, FOR THE STATE OF IDAHO. COMMISSION CASE NO. QWE-04-14. BACKGROUND Under the provisions of the Federal Telecommunications Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act"), Agreements reached through voluntary negotiations without resort to mediation or arbitration are submitted to the Commission for approval pursuant to Section 252(e) of the Act. Section 252(e)(2) of the Act directs that a state Commission may reject an agreement reached through voluntary negotiations only if the Commission finds that: the agreement (or portiones) thereof) discriminates against a telecommunications carrier not a party to this agreement; or the implementation of such an agreement (or portion) is not consistent with the public interest, convenience and necessity. 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 is consistent with the FCC's statement that , " a state commission shall have authority to approve an interconnection agreement adopted by negotiations even if the terms of the agreement do not comply with the requirements of (Part 51)." 47 C.R. 9 51.3. THE SGA T AND EXHIBITS The Commission has been asked to approve the adoption of the SGA T Agreement in the joint Application of Qwest Corporation and Covista, Inc. pursuant to 47 D.C. 9252(E). The effective SGA T and corresponding exhibits being adopted herein are as follows: DECISION MEMORANDUM - 1 -JULY 7, 2004 SGAT Exhibit A Exhibit B Exhibit B 1 Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Exhibit M STAFF ANALYSIS Statement of Generally Available Terms Idaho Rates Service Performance Indicators Manual Service Order Accuracy Service Interval Tables Qwest Right of Way, Pole Attachment and/or Inner duct Occupancy General Information Doc. Vertical Switch Features for UNE Switching Special Request Process Change Management Process (CMP) Reserved for Future Use Individual Case Basis (ICB) Election of Reciprocal Compensation Option Performance Assurance Plan Advice Adoption Letter Interim Advice Adoption Letter dated 07/25/02 dated 04/26/04 dated 05/05/04 dated 03/12/03 dated OS/24/02 dated OS/24/02 dated OS/24/02 dated OS/24/02 dated OS/24/02 dated OS/24/02 dated OS/24/02 dated OS/24/02 dated 10/30/03 dated OS/24/02 dated OS/24/02 Staff has reviewed the Application and believes the terms and conditions established in the SGAT are not discriminatory or contrary to the public interest. In addition Staff believes approval of the agreement and exhibits is consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly, Staff recommends the Commission approve the Agreement to adopt the SGA COMMISSION DECISION Does the Commission wish to approve the Application to adopt the SGA T between Qwest Corporation and Covista Inc. u/chall/ Adoption of SGA Ts/QWE- T -04-14 Covista and Qwest DECISION MEMORANDUM - 2-JULY 7, 2004