20020715_189.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER KJELLAND ER
COMMISSIONER SMITH
COMMISSIONER HANSEN
JEAN JEWELL
DON HOWELL
JOHN HAMMOND
RANDY LOBB
JOE CUSICK
CAROLEE HALL
WAYNE HART
BIRDELLE BROWN
LYNN ANDERSON
BEV BARKER
LOU ANN WESTERFIELD
RON LAW
GENE FADNESS
TONY A CLARK
WORKING FILE
FROM:DOUG COOLEY
DATE:JULY 12, 2002
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS AND
AMENDMENTS TO INTERCONNECTION AGREEMENTS;
CASE NOS. QWE-02-10, QWE-OO-13, VZN-01-6, VZN-02-
BACKGROUND
Under the provisions ofthe federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 US.C. 9252(e)(I). The
Commission may reject 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. 9252(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'
DECISION MEMORANDUM JULY 12, 2002
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. 9 51.3.
THE CURRENT APPLI CA TI 0
The Commission has been asked to approve two amendments to existing interconnection
agreements. The amendments are discussed in greater detail below.
1. Qwest Corporation and Time Warner Telecom ofldaho LLC (Case No. USW-00-14)
In this Application the parties request that the Commission approve an amendment to the existing
interconnection agreement. This amendment adds terms and conditions for Collocation
Decommissioning.
2. Qwest Corporation and Level 3 Communications (Case No. QWE-02-08). In this
Application the parties request that the Commission approve an amendment to the existing
interconnection agreement. This amendment adds terms and conditions for Single Point of
Presence in the LATA.
STAFF ANALYSIS
The Staff has reviewed these Applications and did not find that any terms or conditions
are discriminatory or contrary to the public interest. Staff believes that these agreements are
consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the
federal Telecommunications Act. Accordingly, Staff believes that these agreements merit the
Commission s approval.
COMMISSION DECISION
Does the Commission approve the Applications for Approval of the Interconnection
Agreements listed above?
intcn dec memo 16
i/udmemos/intcn dec memo 16
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DECISION MEMORANDUM JULY 12 2002