20040416Order No 29477.pdf

Office of the Secretary
Service Date
April 16 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF PAGEDATA'S PETITION
FOR ARBITRATION OF INTERCONNECTION
RATES, TERMS AND CONDITIONS AND
RELATED ARRANGEMENTS WITH QWEST
CORPORATION PURSUANT TO SECTION 252(B))
OF THE FEDERAL TELECOMMUNICATIONS
~~
CASE NO. GNR-O4-
IN THE MATTER OF W A VESENT LLC'
PETITION FOR ARBITRATION OF INTER-
CONNECTION RATES, TERMS AND CONDI-
TIONS AND RELATED ARRANGEMENTS WITH)
QWEST CORPORATION PURSUANT TO SECTION 252(B) OF THE FEDERAL TELECOMMUNICATIONS ACT.
CASE NO. GNR-O4-
ORDER NO. 29477
On March 23 and 25 2004, PageData and WaveSent, respectively, filed Petitions for
Arbitration requesting that the Commission arbitrate issues between the Companies and Qwest
Corporation pursuant to Section 252(b) of the federal Telecommunications Act. The paging
companies also indicated that they wish to adopt ("pick and choose ) terms and conditions from
other Interconnection Agreements previously approved by this Commission pursuant to Section
252(i). In Order No. 29463 issued April 2, 2004, the Commission consolidated the two Petitions
into a single proceeding. The Order also required Qwest to file its consolidated response to the
Petitions no later than April 16, 2004.
AMENDMENT TO PETITIONS
On April 12, 2004, PageData and Wave Sent (hereinafter referred to as the "Pagers
amended their Petitions pursuant to Rule 66, IDAPA 31.01.01.066. The Pagers assert in their
amendment that their existing "interconnection agreement( s) allow for the termination of (both)
Internet and enhanced traffic." Amendment to Petition at 2. They further allege that Qwest was
aware of their intention to terminate these types of traffic.Id.However, the Pagers
acknowledge "there are no provisions in the current interconnection agreement to bill for
reciprocal compensation for the termination of Internet and enhanced service traffic.Id. at 1.
ORDER NO. 29477
Before the Commission embarks in arbitrating the 252(b) issues and reviewing the
proposed "pick and choose" terms under 252(i), the Pagers request the Commission "first make a
ruling on the current interconnection agreement ( s) and whether" the agreements would allow
reciprocal compensation for the termination of Internet traffic and enhanced services traffic. Id.
at ~ 4. If the Commission were to find that the present interconnection agreements do not allow
the Pagers to terminate Internet and enhanced services traffic, then they seek to adopt "the
Verizon ISP-bound traffic amendment, the dispute resolution clause, and the ASR ordering
process clause" pursuant to Section 252(i). Id. at ~ p. 10. Attached to their amendment is a
proposed interconnection agreement incorporating the requested 252(i) terms and conditions. Id.
at 11; Pagers Exhibit F.
ISCUSSI 0 N
Because the Pagers have amended their consolidated Petitions, we find that it is
reasonable to postpone the initial date for Qwest to file its consolidated response to the Petitions.
In Order No. 29463, the Commission directed Qwest to file its consolidated response no later
than April 16, 2004.Given the recent amendment to the Pagers' Petitions, we find it is
reasonable for Qwest to now file its consolidated response no later than 21 days from the date of
this Order.
ORDER
IT IS THEREFORE ORDERED that Qwest file its consolidated response to the two
Petitions and the recent Amendment within 21 days of the service date of this Order.
ORDER NO. 29477
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this fpfl--
day of April 2004.
PAULKJELL , P SIDENT
&Ju
MARSHA H. SMITH, COMMISSIONER
Out of the Office this Date
DENNIS S. HANSEN, COMMISSIONER
ATTEST:
Commission Secretary
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ORDER NO. 29477