20050829final order no 29857.pdf

Office of the Secretary
Service Date
August 29, 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF KMC TELECOM V, INC. FOR CASE NO. KMC-O5-
ADOPTION OF THE INTERCONNECTION
AGREEMENT BETWEEN QWEST
CORPORATION AND MCIMETRO ACCESS
TRANSMISSION SERVICES, INC.
PURSUANT TO 47 U.C. ~ 252(i)
IN THE MATTER OF THE APPLICATION
OF KMC DATA, LLC FOR ADOPTION OF CASE NO. KMD-O5-
THE INTERCONNECTION AGREEMENT
BETWEEN QWEST CORPORATION AND
MCIMETRO ACCESS TRANSMISSION ORDER NO. 29857
SERVICES, INC. PURSUANT TO 47 U.C. ~
252(i)
On January 24, 2005, KMC Data, LLC and KMC Telecom V, Inc. (the Companies)
filed identical Applications with the Commission for the adoption of the Qwest/MCIMetro
Interconnection Agreement pursuant to 47 D.C. ~ 252(i). Applications at p. 1. The Companies
subsequently entered into negotiations regarding the Interconnection Agreement with Qwest, and
on March 31 , 2005, requested that their Applications be held in abeyance. Having had no further
contact from the parties, the Commission with this Order dismisses the Companies ' Applications
without prejudice.
FINDINGS AND CONCLUSIONS
Based upon a review of the record in Case Nos. KMC-05-1 and KMD-05-1 the
Commission makes the following findings and conclusions.
On January 24, 2005 , the Companies filed identical Applications with the
Commission for the adoption of the Qwest/MCIMetro Interconnection Agreement as it existed
on November 21 , 2002 , pursuant to 47 D.C. ~ 252(i). The Applications state that the
Companies notified Qwest of their intent to adopt the MCIMetro Agreement, but were unable to
reach agreement with Qwest regarding certain terms for the agreement. Applications at p.
1 The Qwest/MCIMetro Interconnection Agreement approved by the Commission on November 21 2002, has been
amended, and subsequently approved as amended, in excess of eight times. See, Case Nos. QWE- T -02-22 and
QWE- T -04-24.
ORDER NO. 29857
On March 31 , 2005, the Companies notified Commission Staff that they were
attempting to negotiate the Interconnection Agreement with Qwest. The Companies asked that
their Applications be held in abeyance, and stated that if their negotiations were unsuccessful
they would start the process required to file with the Commission for compulsory arbitration of
the interconnection agreement under the federal Telecommunications Act, 47 U.C. ~ 251
seq.
The Commission Staff has had no contact or communications from the Companies
since March 31 , 2005. The Companies did not respond to Staff s request for updated
information dated July 11 , 2005. The Companies did not respond to Staff s notification dated
July 25 , 2005 , that it would ask the Commission to dismiss the Applications.
The Commission has authority over this matter pursuant to 47 U.C. ~~ 252(a), (e),
(i), and Idaho Code ~ 62-615.
The Companies have failed to timely and adequately pursue their claims and their
Applications with the Commission. The Companies have not submitted a voluntarily negotiated
interconnection agreement pursuant to 47 U.C. ~ 252(a)(1). The Companies have not
requested the Commission to participate in the negotiation or to mediate the negotiation pursuant
to 47 U.C. ~ 252(a)(2). The Companies have not petitioned the Commission for compulsory
arbitration of the agreement pursuant to 47 U.C. ~ 252(b). Based on the Companies' failure to
timely and adequately pursue their claims and their filing with the Commission, the Applications
should be dismissed without prejudice.
ORDER
IT IS HEREBY ORDERED that the Application ofKMC Telecom V, Inc., Case No.
KMC- T -05-, is dismissed without prejudice.
IT IS FURTHER ORDERED that the Application of KMC Data LLC, Case No.
KMD- T -05-, is hereby dismissed without prejudice.
THIS IS A FINAL ORDER. Any person interested in this Order 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. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code ~ 61-
626.
ORDER NO. 29857
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this :J.,CjrA
day of August 2005.
~~
L1~
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~D. 9:~ie n D. Jewell J
Co mission Secretary
O:KMC-05-01 KMD-05-01 dw
ORDER NO. 29857