20061220final_order_no_30205.pdf

Office of the Secretary
Service Date
December 20, 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION FOR APPROVAL OF
AN AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.e. ~ 252(e).
CASE NO. QWE-OO-
ORDER NO. 30205
In this case, the Commission is asked to approve an amendment to a previously
approved Interconnection Agreement.
Application.
With this Order the Commission approves the
BACKGROUND
Under the prOVISIOns 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 APPLICATION
On December 4, 2006, Qwest submitted a request to amend an existing
interconnection agreement with Silver Star Telephone Company, Inc., approved by the
Commission on August 21 , 2000. With this filing, the original agreement is amended to
incorporate the Triennial Review Order (TRO) and the Triennial Review Remand Order
(TRRO).
STAFF RECOMMENDATION
Staff has 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
ORDER NO. 30205
Application is 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 Agreement.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 U.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 Application and the Staffs recommendation, the
Commission finds that the Agreement is consistent with the public interest, convenience and
necessity and does not discriminate. Therefore, the Commission finds that the Application
should be approved. However, approval of this Application does not negate the responsibility of
either of the parties to the 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 ifthey 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 Silver Star Telephone Company, Case No. QWE-00-, 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. 30205
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /9#0
day of December 2006.
PAUL KJELL
L1~
MARSHA H. SMITH, COMMISSIONER
ATTEST:
ft:~Je D. Jewell
C . mission Secretary
O:QWE-OO-
ORDER NO. 30205