20030509_456.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
LEGAL
COMMISSION STAFF
WORKING FILE
FROM:DOUG COOLEY
DATE:MAY 6, 2003
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS; CASE
NOS. USW-00-, USW-97-8, QWE-00-7, USW-99-, VZN-03-
USW-99-1, QWE-03-9, and USW-99-31.
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)(1). 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. ~ 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.F.R. ~ 51.3.
THE CURRENT APPLI CA TI 0
The Commission has been asked to approve two interconnection agreements and nine
amendments to interconnection agreements. The items are discussed in greater detail below.
1. Owest 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 an existing
DECISION MEMORANDUM MAY 6, 2003
interconnection agreement. This amendment adds terms and conditions for Single Point of
Presence (SPOP) in a LATA.
2. Qwest Corporation and United States Cellular Mobile Telephone Network (Case No.
USW-97-8).In this Application, the parties request that the Commission approve an amendment
to an existing interconnection agreement. This amendment adds terms and conditions for Bill and
Keep arrangements.
3. Qwest Corporation and McLeodUSA Telecommunications Services, Inc. (Case No.
QWE- T -00- 7).In this case, the Commission is asked to approve three amendments to an existing
interconnection agreement. The first amendment adds terms and conditions regarding Performance
Assurance Plan (PAP). The second amendment addresses rates and terms for Unbundled Network
Elements (UNE). The third amendment addresses terms and conditions related to Collocation
Available Inventory.
4. Qwest Corporation and DIECA Communications, Inc. dba Covand Communications
Companv (Case No. USW-99-3).In this case, the parties request that the Commission approve
two amendments to an existing interconnection agreement. The first amendment adds terms and
conditions for Joint Testing at the Interconnection Collocation Distribution Frame (ICDF). The
second amendment adds terms and conditions for DC Power Reduction Procedure.
5. Verizon Northwest, Inc. and Alticomm, Inc. (Case No. VZN-03-3).In this
Application, the parties request that the Commission approve an interconnection agreement. The
terms, rates, and conditions are similar to interconnection agreements approved by this
Commission.
6. Qwest Corporation and Topp Comm, Inc. (Case No. USW-99-1).In this Application
the parties request that the Commission approve an amendment to an existing interconnection
agreement. This amendment terminates the expired agreement approved by the Commission in
March 1999.
7. Qwest Corporation and Wavesent LLC. (Case No. QWE-03-9).In this Application
the parties request that the Commission approve an interconnection agreement. Wavesent has
requested to "Pick and Choose" in its entirety the terms of the Wireless Interconnection Agreement
between Verizon fka U S WEST New Vector Boise City MSA, Idaho RSA No., Idaho RSA No.
and Qwest Corporation fka U S WEST Communications, Inc. that was approved by the
Commission in August 1997.
DECISION MEMORANDUM MAY 6, 2003
8. Qwest Corporation and TW Wireless LLC (Case No. USW - T -99-31 ).In this
Application, the parties request that the Commission approve an amendment to an existing
interconnection agreement. This amendment adds terms and conditions for Single Point of
Presence (SPOP).
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 agreements are 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.
CO MMISSI ON D ECISI
Does the Commission approve the Applications for Interconnection Agreements and
Amendments to Interconnection Agreements?
D g~OO Y
i:dmemo/intc dm24
DECISION MEMORANDUM MAY 6, 2003