20070126final_order_no_30231.pdf

Office of the Secretary
Service Date
January 26, 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF VERIZON NORTHWEST INc. FOR CASE NO. VZN- T -06-
APPROVAL OF TWO AMENDMENTS TO
AN EXISTING INTERCONNECTION
AGREEMENT FOR THE STATE OF IDAHO
PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF VERIZON NORTHWEST INc. AND SBC CASE NO. ATT-98-0l/
LONG DISTANCE, LLC DBA SBC LONG GTE- T -98-
DISTANCE DBA AT&T LONG DISTANCE
FOR APPROVAL OF TWO AMENDMENTS
TO AN EXISTING INTERCONNECTION ORDER NO. 30231
AGREEMENT PURSUANT TO 47 U.c. ~
252( e)
In these cases, the Commission is asked to approve amendments to existing and
previously approved Interconnection Agreements. With this Order the Commission approves the
amendments to Agreements.
BACKGROUND
Under the provIsIOns of the federal Telecommunications Act of 1996
interconnection agreements must be submitted to the Commission for approval. 47 U.c. ~
252(e)(I). The Commission may reject an agreement adopted by negotiations only ifit finds that
the agreement:(1) discriminates against a 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 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 provision of
Section 251(b) or (c)." Order No. 28427 at 11 (emphasis in original). This comports with the
FCC's 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.
ORDER NO. 30231
THE CURRENT APPLICATIONS
1. Verizon Northwest Inc. and CommPartners, LLC (Case No. VZN-06-03). In
this Application, the parties request that the Commission approve two amendments to an existing
agreement approved by the Commission on March 9, 2006. With this filing, the agreement is
amended to include the Unitary Rate amendment and the DSO Loop/Resale Discount
amendment.
2. Verizon Northwest Inc. and SBC Long Distance, LLC dba SBC Long Distance
dba AT&T Long Distance (Case. No. ATT-98-01/GTE-98-08). In this case, the parties
request that the Commission approve two amendments to an existing agreement approved by the
Commission on February 11 , 1999. The agreement is amended to include the Unitary Rate
amendment and the DSO Loop/Resale Discount amendment.
STAFF RECOMMENDATION
Staff reviewed the Applications and did not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest. Staff believes that the
Applications are consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff recommended
Commission approval of the amendments to the Agreements.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 U.C. ~ 252(e)(1)' The Commission s review is
limited. The Commission may reject an agreement adopted by negotiation only if it finds that
the agreement discriminates against a telecommunications carrier not a party to the agreement or
implementation of the agreement is not consistent with the public interest, convenience and
necessity. Id. Based upon our review of the Applications and the Staff s recommendation, the
Commission finds that the Agreements are consistent with the public interest, convenience and
necessity and do not discriminate. Therefore, the Commission finds that the Agreements should
be approved. However, approval of these Agreements does not negate the responsibility of
either of the parties to these Agreements to obtain a Certificate of Public Convenience and
Necessity if they are offering local exchange services or to comply with Idaho Code ~~ 62-604
and 62-606 if they are providing other non-basic local telecommunications services as defined by
Idaho Code ~ 62-603.
ORDER NO. 30231
ORDER
IT IS HEREBY ORDERED that the amended Interconnection Agreement ofVerizon
Northwest Inc. and CommPartners, LLC, Case No. VZN-06-, is approved.
IT IS FURTHER ORDERED that the amended Interconnection Agreement of
Verizon Northwest Inc. and SBC Long Distance, LLC dba SBC Long Distance dba AT&T Long
Distance, Case No. ATT-98-01/GTE-98-08, is approved.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order with regard to any
matter decided in this Order. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code ~ 61-
626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this .:2& ft'-
day of January 2007.
OUL
MARSHA H. SMITH, COMMISSIONER
ENNIS S. HANSEN, COMMISSIONER
ATTEST:
~~/~
~~~i~s~on Secretary
O:VZN- T-06-03 _A IT- T-98-0 1- GTE- T -98-
ORDER NO. 30231