20021209_342.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
BEV BARKER
RON LAW
GENE FADNESS
TONY A CLARK
WORKING FILE
FROM:DOUG COOLEY
DATE:DECEMBER 4, 2002
RE:STAFF REVIEW OF AMENDMENT TO INTERCONNECTION
AGREEMENT; CASE NO. QWE- T -02-
BACKGROUND
Under the provisions of the Federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 US.C. ~ 252(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 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.
DECISION MEMORANDUM DECEMBER 4, 2002
THE CURRENT APPLI CA TI 0
The Commission has been asked to approve one amendment to an existing
interconnection agreement. The item is discussed in greater detail below.
1. Qwest Corporation and Level 3 Communications, LLC (Case No. QWE- T -02-08).
this Application, the parties request that the Commission approve an amendment to an existing
agreement. This amendment adds terms and conditions for the exchange of date regarding
intraLA T A switched access billing.
STAFF ANALYSIS
Staff has reviewed the Application 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 agreement merits the
Commission s approval.
COMMISSION DECISION
Does the Commission approve the Application for amending the Interconnection
Agreement?
D6Ug Co
i:udemos/intcn dec memo 21
DECISION MEMORANDUM DECEMBER 4, 2002