20110304final_order_no_32198.pdf

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
EARNEST COMMUNICATIONS, INC.
PURSUANT TO 47 U.C. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF ITS INTERCONNECTION
AGREEMENT AND AMENDMENT WITH
VERIZON WIRELESS PURSUANT TO 47
c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF ITS INTERCONNECTION
AGREEMENT AND AMENDMENT WITH
COMMNET WIRELESS, LLC PURSUANT
TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF ITS INTERCONNECTION
AGREEMENT AND AMENDMENT WITH
ADAMS TECHNOLOGY GROUP
PURSUANT TO 47 U.C. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF CENTURYTEL OF IDAHO, INC. DBA
CENTURYLINK FOR APPROVAL OF ITS
INTERCONNECTION AGREEMENT WITH
VERIZON WIRELESS PURSUANT TO 47
C. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF CENTURYTEL OF THE GEM STATE
INC. DBA CENTURYLINK FOR APPROVAL
OF ITS INTERCONNECTION AGREEMENT
WITH VERIZON WIRELESS PURSUANT
TO 47 U.C. ~ 252(e)
ORDER NO. 32198
CASE NO. QWE-O5-
) CASE NO. QWE-ll-
CASE NO. QWE-ll-
CASE NO. QWE-ll-
CASE NO. CEN-ll-
CASE NO. CGS-ll-
) ORDER NO. 32198
Office of the Secretary
Service Date
March 4, 2011
IN THE MATTER OF THE APPLI CA TI ON
OF FRONTIER COMMUNICATIONS CASE NO. VZN-ll-
NORTHWEST INC. FOR APPROVAL OF ITS
INTERCONNECTION AGREEMENT WITH
GROUP SIX COMMUNICATIONS, LLC
PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. USW-OO-
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
INTEGRA TELECOM OF IDAHO, INC.
PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE-O4-
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
BULLSEYE TELECOM, INc. PURSUANT
TO 47 U.C. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. USW-99-
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
FRETEL COMMUNICATIONS, LLC
PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF FRONTIER COMMUNICATIONS CASE NO. GTE-OO-
NORTHWEST, INc. FOR APPROVAL OF
AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
NEW EDGE NETWORK, INC. DBA NEW ORDER NO. 32198
EDGE NETWORKS PURSUANT TO 47
c. ~ 252(e)
In this case the Commission is asked to approve Interconnection Agreements, and
Amendments to Interconnection Agreements, between Qwest Corporation and Earnest
Communications, Inc.; Qwest and Verizon Wireless; Qwest and Commnet Wireless, LLC;
Qwest and Adams Technology Group; CenturyTel ofIdaho, Inc. dba CenturyLink and Verizon;
CenturyTel of the Gem State, Inc. dba CenturyLink and Verizon; Frontier Communications
Northwest Inc. and Group Six Communications, LLC; Qwest and Integra Telecom of Idaho
ORDER NO. 32198
Inc.; Qwest and Bullseye Telecom, Inc.; Qwest and Fretel Communications, LLC; and Frontier
and New Edge Network, Inc. dba New Edge Networks. With this Order, the Commission
approves the parties Interconnection Agreements and Amendment to Interconnection
Agreements.
BACKGROUND
Under the provisions ofthe federal Telecommunications Act of 1996 , interconnection
agreements, including amendments thereto, must be submitted to the Commission for approval.
47 U.C. 9 252(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. 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
comply with the requirements of (Part 51)." 47 C.R. 9 51.3.
THE APPLICATION
1. Qwest Corporation and Earnest Communications. Inc., Case No. QWE-05-
On December 21 , 2010, Qwest submitted an Application seeking Commission approval of an
Amendment to its Interconnection Agreement with Earnest. The parties ask the Commission to
approve the parties ' adoption , in its entirety, of the Qwest Local Services Platform (QLSP). The
QLSP acts as an interconnection agreement between the parties and sets out rates, terms and
conditions for the companies to interconnect their services. The parties maintain that their
Agreement was reached through voluntary negotiations.
2. Qwest Corporation and Verizon Wireless, Case No. QWE-II-. On January
, 2011 , the Commission received Qwest's Application seeking approval to enter into a Type 2
Wireless Interconnection Agreement with Verizon. The Agreement establishes the rates, terms
and conditions of two-way wireless interconnection. The parties state that their Agreement was
reached through voluntary negotiations and without resorting to mediation or arbitration.
ORDER NO. 32198
3. Qwest Corporation and Commnet Wireless, LLC, Case No. QWE-11-. On
January 27, 2011 , the Commission received Qwest's Application seeking approval to enter into a
Type 2 Wireless Interconnection Agreement with Commnet. The Agreement establishes the
rates, terms and conditions of two-way wireless interconnection. The parties state that their
Agreement was reached through voluntary negotiations and without resorting to mediation or
arbitration.
4. Qwest Corporation and Adams Technology Group, Case No. QWE-11-01.
January 21 , 2011 , the Commission received Qwest's Application seeking approval to enter into
an Interconnection Agreement with Adams. On January 24, 2011 , the Commission received an
Application for approval of an Amendment to the Interconnection Agreement. The Amendment
added broadband for resale in a "Master Services Agreement."
5. CenturvTel ofIdaho, Inc. dba CenturyLink and Verizon Wireless, Case No. CEN-
II-0l and CenturyTel of the Gem State, Inc. dba CenturyTel and Verizon Wireless, Case No.
CGS-II-0l.On February 4, 2011 , the Commission received two Applications from
CenturyTel of Idaho, Inc. dba CenturyLink, and CenturyTel of the Gem State, Inc. dba
CenturyLink, collectively known as CenturyLink, for approval of its Interconnection Agreement
with Verizon. The Agreement establishes the rates, terms and conditions based on the volume of
traffic exchanged between CenturyLink and Verizon within the State ofIdaho.
6. Frontier Communications Northwest Inc. and Group Six Communications, LLC,
Case No. VZN-II-01.On February 16 2011 , the Commission received Frontier s Application
seeking approval to enter into an Interconnection Agreement with Group Six. The Agreement
establishes the general rates, terms and conditions for local interconnection, reciprocal
compensation for the exchange of traffic, network elements, collocation, ancillary services
pricing and telecommunications services available for resale within the parties' shared Idaho
service territory.
7. Qwest Corporation and Integra Telecom of Idaho, Inc., Case No. USW-00-
On January 24, 2011 , the Commission received Qwest's Application seeking approval to amend
its existing Interconnection Agreement with Integra. The parties ' original Agreement was
approved by the Commission on April 28 , 2000. See Order No. 28360. In this Application the
parties ask the Commission to approve the parties' adoption of the Qwest Local Services
ORDER NO. 32198
Platform (QLSP).The QLSP sets out rates, terms and conditions for the companies to
interconnect their services.
8. Qwest Corporation and Bullseye Telecom, Inc., Case No. QWE-04-. On
January 24, 2011 , the Commission received Qwest's Application seeking approval to amend its
existing Interconnection Agreement with Bullseye.The parties' original Agreement was
approved by the Commission on November 23 2004. See Order No. 29640. In this Application
the parties ask the Commission to approve the parties' adoption of the Qwest Local Services
Platform (QLSP).The QLSP sets out rates, terms and conditions for the companies to
interconnect their services.
9. Qwest Corporation and Fretel Communications, LLC, Case No. USW-99-
On January 24, 2011 , the Commission received Qwest's Application seeking approval to amend
its existing Interconnection Agreement with Fretel.The parties ' original Agreement was
approved by the Commission on August 27, 1999. See Order No. 28133. In this Application the
parties ask the Commission to approve the parties' adoption of the Qwest Local Services
Platform (QLSP).The QLSP sets out rates, terms and conditions for the companies to
interconnect their services.
10. Frontier Communications Northwest Inc. and New Edge Network, Inc. dba New
Edge Networks, Case No. GTE-00-. On February 17, 2011 , the Commission received
Frontier s Application seeking approval to amend its existing Interconnection Agreement with
New Edge. The parties' original Agreement was approved by the Commission on May 9 , 2000.
See Order No. 28376. In this Application the parties ask the Commission to approve the parties
agreement to incorporate terms and conditions that were previously agreed to between Verizon
and New Edge. Frontier recently acquired Verizon and the parties wish to extend the contract
through June 30, 2013.
STAFF RECOMMENDATION
Staff reviewed the foregoing Applications and does not find any terms or conditions
that it considers 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
Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly,
Staff recommends that the Commission approve the Interconnection Agreements and
Amendments.
ORDER NO. 32198
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 U.C. 9
252(e)(1). However, 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 recommendations , the
Commission finds that the Agreements and Amendments to existing Interconnection Agreements
are consistent with the public interest, convenience and necessity and do not discriminate.
Therefore, the Commission finds that the Agreements, reviewed by Staff and more fully
described above, should be approved. Approval of the Agreements does not negate the
responsibility of either party 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 Amendment to the Interconnection Agreement
between Qwest Corporation and Earnest Communications, Inc., Case No. QWE-05-, is
approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Qwest
Corporation and Verizon Wireless, Case No. QWE-I1-, is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Qwest
Corporation and Commnet Wireless, LLC, Case No. QWE-II-, is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement and Amendment to
the Interconnection Agreement between Qwest Corporation and Adams Technology Group, Case
No. QWE-II-, are approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between
CenturyTel of Idaho dba CenturyLink, and Verizon Wireless , Case No. CEN-I1-, is
approved.
ORDER NO. 32198
IT IS FURTHER ORDERED that the Interconnection Agreement between
CenturyTel of the Gem State dba CenturyLink, and Verizon Wireless , Case No. CGS-II-, is
approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Frontier
Communications Northwest Inc. and Group Six Communications, LLC , Case No. VZN-11-
is approved.
IT IS FURTHER ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation and Integra Telecom of Idaho , Inc., Case No. USW-00-, is
approved.
IT IS FURTHER ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation and Bullseye Telecom, Inc., Case No. QWE-04-, is approved.
IT IS FURTHER ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation and Fretel Communications, LLC, Case No. USW-99-, is
approved.
IT IS FURTHER ORDERED that the Amendment to the Interconnection Agreement
between Frontier Communications Northwest Inc. and New Edge Network, Inc. dba New Edge
Networks, Case No. GTE-00-, 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. 32198
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this if#.
day of March 2011.
. KEMPTO , PR IDENT
----
6k1L
MARSHA H. SMITH, COMMISSIONER
~~~
MACK A. REDFORD , COMMISSIONER
ATTEST:
#~~
Commission Secretary
O:QWE-05-QWE-II-QWE-II-QWE-II-et al
ORDER NO. 32198