20040922Final Order No 29598.pdf

Office of the Secretary
Service Date
September 22, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF CENTURYTEL OF IDAHO,
INC., CENTURYTEL OF THE GEM ST ATE,
INC. AND VERIZON WIRELESS FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~ 252(e)
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION
AND IDACOMM, INC. FOR A WIRELINE
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~252(e)
CASE NOS. CEN - T -04-
CGS- T -04-
CASE NO. QWE-03-
ORDER NO. 29598
In these cases the Commission is asked to approve a new interconnection agreement
and to approve an amendment to an existing interconnection agreement. In this Order the
Commission approves both agreements.
BACKGROUND
Under the provision of the Federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. ~ 252(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 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 "
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.
THE CURRENT APPLICATIONS
1. CenturyTel of Idaho/CenturyTel of the Gem State and Verizon Wireless (Case
Nos. CEN-O4-l/CGS-O4-. In this Application, the parties request that the Commission
ORDER NO. 29598
approve a wireless interconnection agreement similar to other agreements entered into by
CenturyTei. The agreement will apply to Verizon Wireless and both CenturyTel of Idaho and
CenturyTel of the Gem State.
2. Qwest Corporation and IDACOMM, Inc. (Case No. QWE- T -03-181. This is an
amendment to an existing agreement adding terms and conditions regarding Single Point of
Presence (SPOP).
STAFF RECOMMENDATION
The Staff has 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 these
amendments are consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the Federal Telecommunications Act of 1996. Accordingly, Staff believes that
these amendments merit the Commission s approval.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 U.C. ~ 252(e)(I). 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 implementation of the agreement is not consistent with the public interest
convenience and necessity. Id. Based upon our review of the Applications and the Staffs
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
IT IS HEREBY ORDERED that the interconnection agreement between CenturyTel
of Idaho/CenturyTel of the Gem State and Verizon Wireless, Case Nos. CEN- T -04-l/CGS- T -04-
, is approved.
ORDER NO. 29598
IT IS FURTHER ORDERED that the amendment of the interconnection agreement
between Qwest Corporation and IDACOMM, Inc., Case No. QWE- T -03-, is approved.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) issued in this Case No. CEN-04-, CGS-04-, and QWE-03-
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 issued in this Case No. CEN-04-, CGS-04-
, and QWE-03-18. Within seven (7) days after any person has petitioned for reconsideration
any other person may cross-petition for reconsideration. See Idaho Code ~ ~ 61-626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
~;;..
day of September 2004.
~1A-
MARSHA H. SMITH, COMMISSIONER
ATTEST:
O:QWETO318 - CENTO40 1- CGSTO40 1- dw
ORDER NO. 29598