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Home My WebLink About20050322Final Order No 29740.pdfOffice of the Secretary Service Date March 22, 2005 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION CASE NO. QWE-00- AND McLEODUSA TELECOMMUNICATIONS SERVICES, INC. FOR APPROVAL OF AN AMENDMENT TO AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~ 252( e) IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION CASE NO. QWE-02- AND MCIMETRO ACCESS TRANSMISSION SERVICES, LLC FOR APPROVAL OF AN AMENDMENT TO AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~ 252( e) IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION CASE NO. QWE- T -03- AND CONTACT COMMUNICATIONS, INC. FOR APPROVAL OF AN AMENDMENT TO AN EXIS TIN G WIRELINE INTERCONNECTION AGREEMENT ORDER NO. 29740 PURSUANT OT 47 U.C. ~ 252(e) In these cases the Commission is asked to approve amendments to existing and previously approved Interconnection Agreements. With this Order the Commission approves the amendments. BACKGROUND Under the prOVISIons of the federal Telecommunications Act of 1996 interconnection agreements 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 U.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 ORDER NO. 29740 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 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 CURRENT APPLICATIONS 1. Owest Corporation and McLeodUSA Telecommunications Services. Inc. (Case No. QWE- T -00- 7). This Agreement amends the existing interconnection agreement approved by the Commission on November 13, 2000. This Amendment incorporates terms, conditions, and rates for Expedites for Design Services. 2. Qwest Corporation and MCImetro Access Transmission Services. LLC (Case No. QWE- T -02-22). This Agreement amends th~ existing interconnection agreement approved by the Commission on November 21 , 2002. This Amendment incorporates terms, conditions and rates for Commercial Line Sharing. 3. Qwest Corporation and Contact Communications. Inc. (Case No. QWE-03- This Agreement amends the existing interconnection agreement approved by the Conimission on January 29, 2003. This Amendment eliminates UNE-P and incorporates the implementation of Batch Hot Cut Process. STAFF RECOMMENDATION The Staff has reviewed the Applications and does not find any terms or conditions to be discriminatory or contrary to the public interest. Staff believes that these Agreements are consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly, Staff recommended Commission approval of the Amendments. COMMISSION DECISION Under the terms of the Telecommunications Act, interconnection agreements must be submitted to the Commission for approval. 47 U.C. ~ 252(e)(I). 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 and the Staff recommendation, the Commission finds that the agreements are consistent with the public ORDER NO. 29740 interest, convenience and necessity and do not discriminate. Therefore, the Commission finds that the agreements should be approved. However, approval of these agreements does not negate the responsibility of either of the parties 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 amended interconnection agreement of Qwest Corporation and McLeodUSA Telecommunications Services, Inc., Case No. QWE- T -00- 7, is approved. IT IS FURTHER ORDERED that the amended interconnection agreement of Qwest Corporation and MCImetro Access Transmission Services, LLC, Case No. QWE- T -02-, is approved. IT IS FURTHER ORDERED that the amended interconnection agreement of Qwest Corporation and Contact Communications, Inc., Case No. QWE-03-, 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 ~ ~ 61- 626 and 62-619. ORDER NO. 29740 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;2:;2;J day of March 2005. MARSHA H. SMITH, COMMISSIONER ATTEST: Je lq D. Jewell C mmission Secretary O:QVVETOOO7 - QVVETO222 - QVVETO303 - dw ORDER NO. 29740