20070201final_order_no_30234.pdf

Office of the Secretary
Service Date
February 1 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND MCLEOD USA CASE NO. QWE-00-
TELECOMMUNICATIONS SERVICES, INc.
FOR APPROVAL OF AN AMENDMENT TO
AN EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~
252(e)
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND WESTCOM,CASE NO. QWE-02-
LLC DBA WESTELFIBER FOR APPROVAL
OF AN AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND NEW CASE NO. QWE-03-
CINGULAR WIRELESS PCS, LLC FOR
APPROVAL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~
252( e)
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND PRIME TIME CASE NO. QWE-05-
VENTURES, LLC FOR APPROVAL OF AN
AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND MCIMETRO CASE NO. QWE-06-
ACCESS TRANSMISSION SERVICES, INc.
FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND YGNITION CASE NO. QWE- T -06-
NETWORKS, INC. FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.c. ~ 252(e)ORDER NO. 30234
ORDER NO. 30234
In these cases, the Commission is asked to approve amendments to existing and
previously approved Interconnection Agreements and newly negotiated Interconnection
Agreements. With this Order the Commission approves the amendments to Agreements and the
newly negotiated Agreements.
BACKGROUND
Under the prOVlSlons of the federal Telecommunications Act of 1996
interconnection agreements must be submitted to the Commission for approval. 47 US.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 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. Qwest Corporation and McLeodUSA Telecommunications Services~ Inc. (Case
No. QWE-00-. This Application seeks approval of an amendment providing terms and
procedures for retaining the existing cabling and fuse position when a CLEC's DC Power use is
reduced to zero.
2. Qwest Corporation and Westcom. LLC dba WesTelFiber (Case No. QWE-02-
23). This Application seeks approval of the TRO/TRRO Amendment. The amendment
implements the changes to the standard agreement to comply with the FCC's Triennial Review
Order and Triennial Review Remand Order. The Commission has previously approved this
amendment in other cases.
3. Qwest Corporation and New Cingular Wireless PCS. LLC (Case No. QWE-
03-13).This Application seeks approval of an amendment that specifies the terms and
conditions that will apply to the surviving entity of the mergers of AT&T Wireless and Cingular
which then merged with Pacific Bell Wireless, Northwest. New Cingular Wireless PCS LLC is
ORDER NO. 30234
the surviving entity of these mergers. Qwest had multiple agreements with the merged entities
and the amendment consolidates those agreements into a single agreement.
4. Qwest and Prime Time Ventures. LLC (Case No. QWE-05-08). This
Application seeks approval of the Qwest DSL Amendment. The amendment reflects Qwest's
decision to offer its digital subscriber line service as a Title I service, and therefore no longer
available under the terms of the interconnection agreement. The Commission has previously
approved this amendment in other cases.
5. Qwest and MClmetro Access Transmission Services. LLC (Case No. QWE-06-
24). This Application seeks approval of a new agreement, as well as an amendment to that
agreement. The new agreement is a negotiated agreement and contains terms that are similar to
those in previously approved agreements. The amendment specifies that this single agreement
will replace all previous agreements between Qwest and MCI and any other CLECs that had
been acquired by or merged with MCI.
6. Qwest and Ygnition Networks. Inc. (Case No. QWE-06-25). This Application
seeks approval of the agreement between Qwest and Y gnition Networks, Inc. to adopt the terms
of the agreement between Qwest and 360networks USA, Inc. The Commission approved the
Qwest-360networks agreement in Order No. 29986.
ST AFF RECOMMENDATION
Staff reviewed the Applications and did not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest. Staff believes that the
Applications are consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff recommended
Commission approval of the amendments to the Agreements and the newly negotiated
agreements.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 US.C. ~ 252(e)(1). 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 Staffs recommendation, the
ORDER NO. 30234
Commission finds that the Agreements are consistent with the public 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 ifthey 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-00-, is
approved.
IT IS FURTHER ORDERED that the amended Interconnection Agreement of Qwest
Corporation and Westcom, LLC dba WesTelFiber, Case No. QWE-02-, is approved.
IT IS FURTHER ORDERED that the amended Interconnection Agreement of Qwest
Corporation and New Cingular Wireless PCS, LLC, Case No. QWE-03-, is approved.
IT IS FURTHER ORDERED that the amended Interconnection Agreement of Qwest
Corporation and Prime Time Ventures, LLC, Case No. QWE-05-, is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement and amendment of
Qwest Corporation and MClmetro Access Transmission Services, LLC, Case No. QWE-06-
, is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement of Qwest
Corporation and Ygnition Networks, Inc., Case No. QWE-06-, is approved.
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. 30234
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
$1"
day of February 2007.
/J~
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~illJe D. Jewell
Co mISSIOn Secretary
O:QWE- T-00-07 - 02-23 _03-13 _05-06-06-25 _
ORDER NO. 30234