20110805final_order_no_32318.pdf

Office of the Secretary
Service Date
August 5,2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF QWEST CORPORATION FOR )CASE NO.QWE-T-04-09
APPROVAL OF AMENDMENTS TO ITS )
INTERCONNECTION AGREEMENT WITH )
AT&T COMMUNICATIONS OF THE )
MOUNTAIN STATES,INC.PURSUANT TO )
47 U.S.C.§252(e))
_________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION )
OF FARMERS MUTUAL TELEPHONE )CASE NO.FMT-T-11-O1
COMPANY FOR APPROVAL OF ITS )
INTERCONNECTION AGREEMENT WITH )
LEVEL 3 COMMUNICATIONS,LLC )ORDER NO.32318
PURSUANT TO 47 U.S.C.§252(e))
In these cases,the Commission is asked to approve an amendment to an existing and
previously approved Interconnection Agreement as well as a new Interconnection Agreement.
With this Order,the Commission approves the Interconnection Agreement and amendment to the
existing Interconnection Agreement.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996,interconnection
agreements,including amendments thereto,must be submitted to the Commission for approval.
47 U.S.C.§252(e)(l).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.S.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 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.F.R.§51.3.
ORDERNO.32318 1
THE APPLICATION
1.Qwest Corporation and AT&T Communications of the Mountain States,Inc.,
Case No.QWE-T-04-09.On January 26,2011,Qwest submitted an Application for approval of
an amendment to its Interconnection Agreement with AT&T.The parties’original
Interconnection Agreement was approved by the Commission on June 22,2004.See
Commission Order No.29530.In this Application,the parties request that the Commission
allow amendment to Qwest’s Local Services Platform (QLSP)Agreement including new terms,
conditions and local switching port rates.
2.Farmers Mutual Telephone Company and Level 3 Communications LLC,Case
No.FMT-T-11-01.On July 19,2011,the Commission received FMT’s Application requesting
approval of its Interconnection Agreement with Level 3.The proposed Agreement outlines the
rates,terms and conditions under which the parties will interconnect their facilities and exchange
traffic.
STAFF RECOMMENDATION
Staff reviewed the foregoing 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
Interconnection Agreement and Amendments to an existing Interconnection Agreement are
consistent with the pro-competitive policies of this Commission,the Idaho Legislature,and the
federal Telecommunications Act.Accordingly,Staff recommended that the Commission
approve the foregoing Interconnection Agreement and Amendment to an existing
Interconnection Agreement.
COMMISSION DECISION
Under the terms of the Telecommunications Act,interconnection agreements,
including amendments thereto,must be submitted to the Commission for approval.47 U.S.C.§
252(e)(1).However,the Commission’s review is limited.The Commission may reject an
agreement adopted by negotiation çy 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 Interconnection Agreement and amendment to the existing
Interconnection Agreement are consistent with the public interest,convenience and necessity and
ORDERNO.32318 2
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 §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 Amendment to the Interconnection Agreement
between Qwest Corporation and AT&T Communications of the Mountain States,Inc.,Case No.
QWE-T-04-09,is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Farmers
Mutual Telephone Company and Level 3 Communications,LLC,Case No.FMT-T-ll-0l,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 62-6 19.
ORDERNO.32318 3
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of August 2011.
/Th
///4 ///)
PAUL K4ELI’ANDER.PRESItYENT
MACK A.REDFORD,COMMISSIONER
ATTEST:
/
Jean D.Jewel 1’
Commission Secretary
O:QWE-T-04-09FM1-T-11-01 np
MARSHA H.SMITH,COMMISSIONER
ORDERNO.32318 4