20100813final_order_no_32048.pdf

Office of the Secretary
Service Date
August 13 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF VERIZON NORTHWEST INC. FKA GTE CASE NO. GTE- T -00-
NORTHWEST INCORPORATED FOR
APPROV AL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
NEW EDGE, INc. DBA NEW EDGE
NETWORKS PURSUANT TO 47 U.c. ~
252( e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE-08-
APPROVAL OF AMENDMENTS TO ITS
INTERCONNECTION AGREEMENT WITH
XO COMMUNICATIONS SERVICES, INC.
PURSUANT TO 47 U.C. ~ 252(e)ORDER NO. 32048
In this case the Commission is asked to approve amendments to separate
Interconnection Agreements between Verizon Northwest Inc. fIk/a GTE Northwest Incorporated
Verizon ) and New Edge, Inc. dba New Edge Networks ("New Edge ) and Qwest Corporation
Qwest") and XO Communications Services, Inc. ("XO"). With this Order, the Commission
approves the amendments to the parties' Interconnection Agreements.
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.c. ~ 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 US.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
ORDER NO. 32048
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.
THE APPLICATION
1. Verizon and New Edge, Case No. GTE- T -00-On July 2, 2010, Verizon
submitted an Application seeking Commission approval of Amendment No.2 to Verizon
Interconnection Agreement with New Edge, approved by the Commission on May 9, 2000. See
Order No. 28376. Amendment No.2 incorporates terms, conditions and pricing for unbundled
network elements (UNEs), combinations of UNEs, or UNEs commingled with wholesale
servIces.
2. Owest and XO, Case No. QWE-08-. On July 29, 2010, Qwest filed an
Application seeking the Commission s approval of an amendment to the parties' Interconnection
Agreement which was previously approved by the Commission on July 3, 2008. See Order No.
30589. The amendment pertains to transit traffic rates and replaces Exhibit A for Sections 7.1
and 7.2 found in the parties original Agreement. The amended Exhibit A is attached to Qwest's
filing.
ST AFF 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
amendments to the Interconnection Agreements 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 proposed amendments to the
parties' Interconnection Agreements.
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. ~
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 amendments to the Agreements are consistent with the public interest
ORDER NO. 32048
convenience and necessity and do not discriminate. Therefore, the Commission finds that the
amendments, 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 Verizon Northwest Inc. flk/a GTE Northwest Incorporated and New Edge, Inc. dba
New Edge Networks, Case No. GTE-00-, is approved.
IT IS FURTHER ORDERED that the amendment to the Interconnection Agreement
between Qwest Corporation and XO Communications Services, Inc., Case No. QWE-08-, 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 ~9 61-
626 and 62-619.
ORDER NO. 32048
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this / 3 ~
day of August 2010.
J/.
D. KEMPTON, P SIDENT
----------
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~tUJe D. Jewell
Co mission Secretary
O:GTE- T -00-- QWE- T -08-05 - np
ORDER NO. 32048