20110124final_order_no_32163.pdf

Office of the Secretary
Service Date
January 24, 2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION FOR APPROVAL OF
AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
MCLEODUSA TELECOMMUNICATIONS
SERVICES, LLC, DBA P AETEC BUSINESS
SERVICES, PURSUANT TO 47 e. ~ 252(e)
CASE NO. QWE- T -00-
ORDER NO. 32163
In this case the Commission is asked to approve an Amendment to the
Interconnection Agreement between Qwest Corporation and McLeodUSA Telecommunications
Services, LLC dba P AETEC Business Services. With this Order, the Commission approves the
Amendment to the parties' Interconnection Agreement.
BACKGROUND
Under the provisions ofthe federal Telecommunications Act of 1996, interconnection
agreements, including amendments thereto, 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 APPLICATION
On January 3, 2011 , the Commission received an Application from Qwest requesting
authority to amend its Interconnection Agreement with P AETEC. The Amended Agreement
provides for the adoption of the Qwest Local Services Platform Agreement (QLSP). The QLSP
contains the relevant rates, terms and conditions under which the companies have agreed to
interconnect their services.
ORDER NO. 32163
In the Application, Qwest states that both parties request an expeditious approval
process and assert that the Agreement was reached through voluntary negotiations.
STAFF RECOMMENDATION
Staff reviewed the Application and does not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest. Staff believes that the proposed
Amendment to the parties' Interconnection Agreement is 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 Amendment to the
Interconnection Agreement.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 US.C. ~
252(e)(1). 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. !d.
Based upon our review of the Application and the Staff s recommendation, the
Commission finds that the Amendment to the parties' Interconnection Agreement is consistent
with the public interest, convenience and necessity and does not discriminate. Therefore, the
Commission finds that the Amendment should be approved. Approval of this Amendment does
not negate the responsibility of either party to this Agreement 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 Qwest Corporation and McLeodUSA Telecommunications Services, LLC dba P AETEC
Business Services, Case No. QWE-00-, 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
ORDER NO. 32163
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code ~~ 61-
626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this c:;21
day of January 2011.
~LI ~L,
. KEMPTON, PRESI NT
L/~MARSHA H. SMITH, COMMISSIONER
ATTEST:
O:QWE-00-
ORDER NO. 32163