20050630Final Order No 29812.pdf

Office of the Secretary
Service Date
June 30, 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
0 F CITIZENS TELECO MMUNI CA TI 0 NS CASE NO. CTC- T -05-
COMP ANY OF IDAHO AND IDACOMM,
INC. FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND AT&T CASE NO. QWE-04-
COMMUNICATIONS OF THE MOUNTAIN
STATES, INC. FOR APPROVAL OF AN
AMENDMENT TO AN EXISTING ORDER NO. 29812
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e)
In these cases the Commission is asked to approve a new Agreement and to approve
an amendment to an existing Agreement. With this Order the Commission approves the
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 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 "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. 29812
THE CURRENT APPLICATIONS
1. Citizens Telecommunications Company of Idaho and IDACOMM, Inc., (Case
No. CTC- T -05-1 )In this Application, the parties request Commission approval of a new
Interconnection Agreement. This Agreement provides for the limited interconnection of
IDACOMM, Inc. with CTC-Idaho for local and EAS service.
2. Qwest Corporation and AT&T Communications of the Mountain States, Inc.,
(Case No. QWE- T -04-In this case, the parties request approval of an amendment to an
existing Interconnection Agreement that was initially approved by the Commission on June 22
2004. Order No. 29530. This amendment incorporates Expedites for Design Services.
ST AFF RECOMMENDATION
Staff has reviewed the Applications and does not find any terms or conditions to be
discriminatory or contrary to the public interest. Staff believes that these Agreements are
consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the
federal Telecommunications Act. Accordingly, Staff recommended Commission approval of 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, 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 NO. 29812
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement between Citizens
Telecommunications Company of Idaho and IDACOMM, Inc., Case No. CTC-05-, is
approved.
IT IS FURTHER ORDERED that the amended Interconnection Agreement between
Qwest Corporation and AT&T Communications of the Mountain States, Inc., Case No. QWE-
04-, 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 ~~ 61-
626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 30-+1'-
day of June 2005.
~/ J~
MARSHA H. SMITH, COMMISSIONER
Out of the Office on this Date
DENNIS S. HANSEN, COMMISSIONER
ATTEST:
J a D. Jewell
mission Secretary
O:CTCT050 1- QWETO409 - dw
ORDER NO. 29812