20051014final order no 29892.pdf

Office of the Secretary
Service Date
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
October 14 2005
IN THE MATTER OF PAGEDATA'S PETITION
FOR ARBITRATION OF INTERCONNECTION
RATES, TERMS AND CONDITIONS AND
RELATED ARRANGEMENTS WITH QWEST
CO RPO RA TI ON PURSUANT TO SECTION 252(b) )
OF THE FEDERAL TELECOMMUNICATIONSACT.
IN THE MATTER OF WA VESENT LLC'
PETITION FOR ARBITRATION OF
INTERCONNECTION RATES, TERMS AND
CONDITIONS AND RELATED ARRANGEMENTS
WITH QWEST CORPORATION PURSUANT TO
SECTION 252(b) OF THE FEDERAL TELECOMMUNICATIONS ACT.
CASE NO. GNR- T -04-
CASE NO. GNR-04-
ORDER NO. 29892
In March 2004, Joseph B. McNeal on behalf of PageData and WaveSent, LLC
(collectively referred to as the "Pagers ) filed separate Petitions for Arbitration requesting that
the Commission arbitrate unresolved issues necessary to complete new interconnection
agreements between the Pagers and Qwest Corporation. The Pagers requested that the
Commission arbitrate approximately 30 unresolved interconnection issues. Because the Pagers
Petitions raised nearly identical issues, the Commission consolidated the Petitions into a single
proceeding pursuant to Rule 247. IDAPA 31.01.01.247.
In Order No. 29463 , the Commission recognized that the federal Telecommunications
Act of 1996 requires each telecommunications carrier to "interconnect directly or indirectly with
the facilities and equipment of other telecommunications carriers.Order No. 29463 at 2
quoting 47 D.C. ~ 251(a). Congress envisioned that carriers would enter into "interconnection
agreements" through voluntary negotiation or through arbitration. "To encourage voluntary
negotiations, a request for arbitration cannot be filed before the 135th day or after the 160th day
from when the incumbent (local exchange carrier) receives a request to negotiate an
interconnection agreement." Id. quoting Order No. 29140 at 9; 47 D.C. ~ 252(b)(l).
1 PageData filed its Petition for Arbitration on March 23 2004, and WaveSent filed its Petition on March 25, 2004.
PageData and Wave Sent amended their Petitions on April 12, 2004.
ORDER NO. 29892
Qwest filed a response to the Petitions and requested that the Commission dismiss the
Petitions on several grounds. Qwest noted that the parties began interconnection negotiations in
May 2004. Qwest Response and Motion to Dismiss at 5. In August and December 2004, Staff
inquired about the status of the interconnection negotiations. The parties have not filed any
interconnection agreements to replace their current agreements. Given the passage of time and
the lack of activity, the Commission on its own motion finds it reasonable to administratively
close these cases without prejudice.
On September 19, 2005, the Commission issued a Notice of Proposed Order
indicating its intent to administratively close these cases. The Notice gave parties an opportunity
to submit comments to the Proposed Order within 21 days of the service date of the Notice.
IDAPA 31.01.01.312.No comments or exceptions to the Proposed Order were received.
Accordingly, the Commission adopts the Proposed Order.
ORDER
IT IS HEREBY ORDERED that these cases be closed.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) or in interlocutory Orders previously issued in Case Nos. GNR-04-
and GNR- T -04-6 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 or in interlocutory Orders
previously issued in Case Nos. GNR-04-5 and GNR-04-6. 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.
ORDER NO. 29892
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this if fA.
day of October 2005.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
Je D. Jewell
Co mission Secretary
bls/O:GNR-O4-05 GNR-O4-06 dh4
ORDER NO. 29892