20020619Order No. 29055.pdf

Office ofthe Secretary
Service Date
June 19,2002
BEFORE THE IDAIIO PI]BLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION
OF' POTLATCH TELEPHONE COMPANY, INC.
AND SPRINT PCS FOR APPROVAL OF AN
INTERCOIINECTION AGREEMENT PURSUANT
To 47 U.S.C. $ 2s2(e).
IN THE MATTER OF THE JOINT APPLICATION
OF' SPRINT COMMUNICATIONS COMPATI'Y, L.P.
AND QWEST CORPORATION FOR APPROVAL
OF AMENDMENTS TO AN EXISTING
INTERCONNECTION AGREEMENT PURSUANT
To 47 U.S.C. S 2s2(e).
IN THE MATTER OF TTTE JOINT APPLICATION
OF' YERIZON NORTHWEST INCORPORATED
AND AT&T WIRELESS SERVICES,INC. FOR
APPROVAL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. $ 2s2(e).
IN THE MATTER OF THE JOINT APPLICATION
OF VERIZON NORTIIWEST INCOR}ORATED
AND SPRINT SPECTRUM, L.P. FOR APPROVAL
OF AN AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.S.C. S 2s2(e).
IN THE MATTER O['THE JOINT APPLICATION
oF QWEST CORPORATION AND NEXTEL WEST
F'OR APPROVAL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. $ 2s2(e).
IN THE MATTER OF THE JOINT APPLICATION
oF QWEST CORPORATION AND NPCRAIEXTEL
PARTNERS FOR APPROVAL OF AI\
AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT PURSUANT
To 47 U.S.C. S 2s2(e).
CASE NO. POT-T.02.1
CASE NO. SPR.T.OI.I
CASE NOS. GTE.T.97-7
CASE NO. GT8.T.97.6
SPS-T-97.2
CASE NO. USW.T-99.4
CASE NO. USW.T-99-22
ORDER NO. 29055
oRDER NO. 29055
IN THE MATTER OF THE JOINT APPLICATION
OF VERIZON NORTHWEST INCORPORATED
AI\D DSLNET COMMUNICATIONS LLC FOR
APPROVAL OF AI\ INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. $ 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF VERIZON NORTHWEST INCORPORATED
AND DMJ COMMUNICATIONS,INC. FOR
APPROVAL OF AI\ INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. $ 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF POTLATCH TELEPHONE COMPAI\-Y, INC.
AND VERIZON WIRELESS FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. $ 2s2(e).
IN THE MATTER OF THE JOINT APPLICATION
oF QWEST CORPORATION AllD CELLCO
PARTNERSHIP DBA YERIZON WIRELESS FOR
APPROVAL OF AI\ AMENDMENT TO AN
EXISTING INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. $ 2s2(e).
IN THE MATTER OF THE JOINT APPLICATION
oF QWEST CORPORATTON AllD ESCHELON
TELECOM, INC. FOR APPROVAL OF AI\
AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT PURSUANT
To 47 U.S.C. $ 2s2(e).
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND ICG TELECOM
GROUP,INC. FOR APPROVAL OF AN
AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT PURSUAI\T
To 47 U.s.C. $ 2s2(e).
IN THE MATTER OF THE JOINT APPLICATION
oF QWEST CORPORATION AllD KMC
TELECOM V, INC. FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT PURSUANT
To 47 U.S.C. $ 2s2(e).
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CASE NO. VZN-T.02.3
CASE NO. VZN.T-02-5
CASE NO. POT.T-02.2
cAsE NO. USW-T-g7-tt
usw-T-97-15
CASE NO. QWE-T-00-13
CASE NO. QWE-T-02-3
oRDER NO. 29055
CASE NO. QWE-T-02-5
IN THE MATTER OF THE JOINT APPLICATION
oF QWEST CORPORATTON AND PREMIERE
NETWORI( SERVICES, INC. FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. $ 2s2(e).
cAsE NO. QWE-T-02-7
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND CENTEL
COMMINICATIONS, INC. FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.S.C. $ 2s2(e).
CASE NO. QWE-T-02-9
In these cases the Commission is asked to approve new interconnection agreements
and amendments to previously approved interconnection agreements.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.S.C. $ 252(e)(1). The
Commission may reject an agreement adopted by negotiations only if it finds that the agreement:
(l) discriminates against telecommunications carriers 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 recently 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 provisions with Section
251(b) or (c)." Order No.28427 at ll (emphasis original). This comports with the FCC's
statement that'oa 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 5l]." 47 C.F.R. $ 51.3.
THE CURRENT APPLICATIONS
As discussed above the Commission has been asked to approve new interconnection
agreements and amendments to existing interconnection agreements. These items are discussed
in greater detail below.
l. Potlatch Telephone Company. Inc. (TDS Telecommunications Corporation) and
Sprint PCS (Case No. POT-T-02-1). This is a new wireless interconnection agreement. It is
similar to other wireless interconnection agreements the Commission has approved.
ORDER NO. 29055
2. Sprint Communications Company. L.P. and Owest Corporation (Case No. SPR-T-
01-1). Two Applications, both dated Apil22,2002, requested approval of amendments to this
agreement. One Application included an amendment addressing the DC Power Reduction
Procedure, while the other included amendments addressing Advice Adoption, Amendment
Language, Collocation Cancellation and Collocation Decommissioning issues.
3. Verizon and Sprint Spectrum L.P. (Case Nos. GTE-T-97-6 and SPS-T-97-2):
Verizon and AT&T Wireless Services. Inc. (Case No. GTE-T-97-7): Owest and Nextel West
(Case No. USW-T-99-4): and. Owest and NPCR/Nextel Partners (Case No. USW-T-99-22).
These four Applications involve an amendment implementing the Federal Communications
Commission's decision on reciprocal compensation (FCC 0l-131).
4. Verizon and DSLnet Communications LLC (Case No. VZN-T-02-3): Verizon
and DMJ Communications. Inc. (Case No. VZN-T-02-5). These fwo cases seek approval of new
wireline interconnection agreements. The agreements contain terms and conditions similar to
those in other Verizon agreements previously approved by this Commission.
5. Potlatch Telephone Companv. Inc. (TDS Telecommunications Corporation) and
Verizon Wireless (Case No. POT-T-02-2). This is a new wireless interconnection agreement. It
is similar to other wireless interconnection agreements previously approved by this Commission.
6. Owest and Cellco Partnership dba Verizon Wireless (Case Nos. USW-T-97-11
and USW-T-97-15). (Verizon Wireless is also the successor to New Vector/Airtouch.) This is
an amendment to two existing Type 2 wireless interconnection agreements adding terms for
single point of presence.
7. Owest and Eschelon Telecom. Inc. (Case No. OWE-T-00-13). This is an
amendment to an existing wireline interconnection agreement adding terms for collocation
decommissioning.
8. Owest and ICG Telecom Group. [rc. (Case No. OWE-T-02-3). This is an
amendment to an existing wireline interconnection agreement adding terms for single point of
presence.
9. Owest and KMC Telecom V. Inc. (Case No. OWE-T-02-5); Owest and Premiere
Network Services. Inc. (Case No. OWE-T-02-7): and. Owest and Centel Communications. Inc.
(Case No. OWE-T-02-9). These three cases seek approval of new interconnection agreements
based upon Qwest's Statement of Generally Available Terms and Conditions (SGAT).
6. Owest and Cellco Partnership dba Verizon Wireless (Case Nos. USW-T-97-11
ORDER NO. 29055
STAFF RECOMMENDATION
The Staff has reviewed these Applications and did not find any terms and conditions
to be discriminatory or contrary to the public interest. Staff believes that these new agreements
and amendments to interconnection agreements are consistent with the pro-competitive policies
of this Commission, the Idaho Legislature, and the federal Telecommunications Act.
Accordingly, Staff believes that the Applications merit the Commission's approval.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 U.S.C. 5 252 (eXl). The Commission's review is
limited, however. 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, the Staffs
recommendation and on the fact no other person commented on these Applications, the
Commission finds that the new interconnection agreements and amendments to previously
approved interconnection agreements are consistent with the public interest, convenience and
necessity and do not discriminate. Therefore, the Commission finds that these Applications
should be approved. However, approval of these new agreements and amendments to existing
agreements does not negate the responsibility of any of the parties to these agreements to obtain
a Certificate of Public Convenience and Necessity if they are offering local exchange services or
complying with ldaho 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 new interconnection agreements and
amendments to interconnection agreements discussed above are approved. Terms of the
agreements that are not already in effect shall be effective as of the date of this Order.
IT IS FLIRTHER ORDERED that the interconnection agreement between Potlatch
Telephone CompanS Inc. and Sprint PCS, Case No. POT-T-02-1, is approved.
IT IS FURTHER ORDERED that the two Applications each requesting amendments
to the interconnection agreement between Sprint Communications Company, L.P. and Qwest
Corporation, Case No. SPR-T-01-1, are approved.
ORDER NO. 29055
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Verizon Northwest Incorporated and Sprint Spectrum L.P., Case Nos. GTE-T-97-6 and
SPS-T-97-2, is approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Verizon Northwest Incorporated and AT&T Wireless Services, Inc., Case No. GTE-T-
97-7, is approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and Nextel West, Case No. USW-T-99-4, is approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and NPCRA{extel Partners, Case No. USW-T-99-22, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Verizon
Northwest lncorporated and DSLnet Communications LLC, Case No. VZN-T-02-3, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Verizon
Northwest Incorporated and DMJ Communications, [nc., Case No. VZN-T-02-5, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Potlatch
Telephone Company, [nc. and Verizon Wireless, Case No. POT-T-02-2, is approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and Cellco Partnership dba Verizon Wireless, Case Nos. USW-T-
97-ll and USW-T-97-15, is approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and Eschelon Telecom, Inc., Case No. QWE-T-00-13, is approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and ICG Telecom Group, tnc., QWE-T-02-3, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest
Corporation and KMC Telecom V, lnc., Case No. QWE-T-02-5, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest
Corporation and Premiere Network Services, [nc., Case No. QWE-T-02-7, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest
Corporation and Centel Communications, Inc., Case No. QWE-T-02-9, is approved.
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 these Case Nos. POT-T-
6oRDER NO. 29055
02-1, spR-T-0I-1, GTE-T-97-6, SPS-T-97-2, GTE-T-97-7, USW-T-99-4, USW-T-gg-22, VZN-
T -02-3, VZN-T-02-5, POT-T-02-2, USW -T -97 -n, USW-T- 97 -t 5, QWE-T-00- 1 3, QWE-T -02-3
QWE-T-02-5, QWE-T-02-7 and QWE-T-02-9 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 these cases. Within seven (7) days after any person
has petitioned for reconsideration, any other person may cross-petition for reconsideration. See
Idaho Code $$ 6l-626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this / q *
day ofJune 2002.
ATTEST:
O:POTT020l SPRT0I 0l _GTET9707_etaljh
H. SMITH, COMMISSIONER
ORDER NO. 29055