4. Negotiated Portions of Amendment to ICA

The Act provides that the Commission may reject an agreement (or portions thereof) arrived at by negotiation between the parties only if the Commission finds that (a) the agreement (or portion thereof) discriminates against a telecommunications carrier not a party to the agreement, or (b) implementation of such agreement (or portion thereof) is not consistent with the public interest, convenience and necessity. (TA 96, § 252(e).) The Commission may also reject an ICA (or portion thereof) if we find that it violates other requirements of the Commission, including, but not limited to, quality of service standards. (Commission Resolution ALJ-181, Rules 2.18 and 4.3.1.)

No party or member of the public alleges that any negotiated portion of the amendment should be rejected. We find nothing in any negotiated portion of the amendment which results in discrimination against a telecommunications carrier not a party to the agreement, nor which is inconsistent with the public interest, convenience and necessity.