20080523final_order_no_30553.pdf

Office of the Secretary
Service Date
May 23, 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
CAMBRIDGE TELEPHONE COMPANY FOR
APPROVAL OF ITS INTERCONNECTION
AGREEMENT WITH VERIZON WIRELESS
PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND TIME WARNER
TELECOM OF IDAHO LLC FOR APPROVAL
OF AN AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION FOR APPROVAL OF
AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
ACCESS POINT, INC. PURSUANT TO 47 U.
~ 252(e)
) CASE NO. CAM- T -08-
) CASE NO. QWE-04-
) CASE NO. QWE-08-
) ORDER NO. 30553
In these consolidated cases, the Commission is asked to approve of a new
Interconnection Agreement and amendments to previously approved Interconnection
BACKGROUND
Agreements. With this Order, the Commission approves these Agreements.
Under the provisions ofthe federal Telecommunications Act of 1996, interconnection
agreements, including amendments thereto, must be submitted to the Commission for approval.
47 US.C. 9252(e)(1). The Commission may reject an agreement adopted by negotiations only
if it 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 US.C. 9 252(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
ORDER NO. 30553
comply with the requirements of (Part 51)." 47 C.R. 9 51.3. Additionally, local exchange
carriers are required to "make available any interconnection, service, or network element
provided. . . to any other requesting telecommunications carrier upon the same temlS and
conditions as those provided in the agreement." 47 U.C. 9252(i).
THE CURRENT APPLICATIONS
1. Cambridge Telephone Company and Verizon Wireless. Case No. CAM-08-01.
In this Application, the parties seek the Commission s approval of their "Traffic Exchange and
Compensation Agreement " or Interconnection Agreement. Their Agreement includes various
terms, conditions and rates pertaining to the parties' business relationship which allows
Cambridge to interconnect with Verizon s Commercial Mobile Radio Services Network and
Verizon to interconnect with Cambridge s Incumbent Local Exchange Carrier Network.
2. Qwest Corporation and Time Warner Telecom of Idaho. LLC. Case No. QWE-
04-. In this Application, the parties seek the Commission s approval of an amendment to their
Interconnection Agreement initially approved by the Commission on August 2, 2004. See Order
No. 29559. The proposed amendment, filed on April 25, 2008, would either alter or add terms
and conditions pertaining to the following: Transit Traffic, Directory Assistance, Toll and
Assistance for Operator Services, Dispute Resolution, Entrance Facilities and Direct Trunked
Transport. The Application states that the parties ' Agreement was reached through voluntary
negotiation and expires two years from the date of its execution.
3. Qwest Corporation and Access Point. Inc.. Case No. QWE-08-. In this
Application, the parties seek the Commission approval of an amendment to their
Interconnection Agreement initially approved by the Commission on May 2, 2008. See Order
No. 30544. The parties wish to incorporate elements from the Qwest Local Services Platform
Agreement ("QLSP") including: Definitions, service descriptions, performance targets, Idaho
rate page for Competitive Local Exchange Carriers ("CLEC") purchasing certain combinations
of network elements, ancillary functions and miscellaneous features such as the local loop and
shared transport.
ST AFF RECOMMENDATION
The Staff reviewed the parties' Applications and did not find any terms or conditions
that it considered to be discriminatory or contrary to the public interest. Staff believes that the
agreements and amendments are consistent with the pro-competitive policies of this
ORDER NO. 30553
Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly,
Staff recommended that the Commission approve the aforementioned Applications.
COMMISSION DECISION
Under the terms of the Telecommunications Act, Interconnection Agreements
including amendments thereto, must be submitted to the Commission for approval. 47 US.C. 9
252(e)(1). The Commission s review is limited, however. 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 that implementation of the agreement
is not consistent with the public interest, convenience and necessity. Id.
Based upon our review of the Applications and 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. 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 99 62-604 and 62-606 if they
are providing other non-basic local telecommunications services as defined by Idaho Code 9 62-
603.
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement between Cambridge
Telephone Company and Verizon Wireless, Case No. CAM-08-, is approved.
IT IS FURTHER ORDERED that the amendment to the Interconnection Agreement
between Qwest Corporation and Time Warner Telecom ofldaho, LLC, Case No. QWE-04-
is approved.
IT IS FURTHER ORDERED that the amendment to the Interconnection Agreement
between Qwest Corporation and Access Point, Inc., Case No. QWE-08-, is approved.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) may petition for reconsideration within twenty-one (21) days of the
service date of this Order. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 99 61-
626 and 62-619.
ORDER NO. 30553
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this d. c1.. ;../1
day of May 2008.
~A~ J~~.
ARSHA H. SMITH, COMMISSIONER
ATTEST:
~L)Je D. Jewell
Commission Secretary
O:CAM- T -08-- QWE- T -04-20 - QWE- T-08-03 - np
ORDER NO. 30553