20110420final_order_no_32229.pdf

Office of the Secretary
Service Date
April 20, 2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE-OO-
APPROVAL OF AMENDMENTS TO ITS
INTERCONNECTION AGREEMENT WITH
ESCHELON TELECOM, INC PURSUANT
TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. USW-OO-
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
ELECTRIC LIGHTWAVE LLC PURSUANT
TO 47 U.C. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE-ll-
APPROVAL OF ITS INTERCONNECTION
AGREEMENT WITH WIMACTEL, INc.ORDER NO. 32229
PURSUANT TO 47 U.c. ~ 252(e)
In these cases, the Commission is asked to approve amendments to Interconnection
Agreements between Qwest Corporation and Eschelon Telecom, Inc.; Qwest and Electric
Lightwave, LLC; and an Interconnection Agreement between Qwest and WiMacTel, Inc. With
this Order, the Commission approves the aforementioned Interconnection Agreement and
Amendments to the Interconnection Agreements.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements, including amendments thereto, must be submitted to the Commission for approval.
47 US.c. 9 252(e)(I). 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. 9 252(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
ORDER NO. 32229
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 J." 47 C.F .R. 9 51.
THE APPLICATION
1. Qwest Corporation and Eschelon Telecom, Inc., Case No. QWE-00-. On
January 18, 2011 , Qwest submitted an Application for approval of amendments to its
Interconnection Agreement with Eschelon. The parties' original Interconnection Agreement was
approved by the Commission on November 20, 2000. See Commission Order No. 28570. In this
Application, the parties request that the Commission allow them to adopt Qwest's Local Services
Platform (QLSP) Agreement with new service conditions and rate sheets.
2. Qwest Corporation and Electric Lightwave LLC, Case No. USW - T -00-. On
April II , 2011 , the Commission received Qwest's Application requesting authority to amend its
Interconnection Agreement with ELI. The parties' original Interconnection Agreement was
approved by the Commission on October II , 2000. See Order No. 28535. The proposed
amendment would add terms and conditions relating to xDSL Cable Loops, set forth in
Attachments 1-3 and Exhibit A attached to Qwest'Filing.Qwest agrees to restore
Asymmetrical Digital Subscriber Line ("ADSL"), and reverse prior changes made via its Change
Request.
3. Qwest Corporation and WiMacTel, Inc., Case No. QWE-II-. On March 16
2011 , the Commission received Qwest's Application requesting approval of its Interconnection
Agreement with WiMac. The parties' proposed Agreement includes rates , terms and conditions
for the companies to interconnect their services, unbundled network elements, ancillary services
and resale of telecommunications services within Idaho.
STAFF RECOMMENDATION
Staff reviewed the foregoing 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
Interconnection Agreement and amendments to existing Interconnection Agreements are
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 foregoing Interconnection Agreement and amendments to existing Interconnection
Agreements.
ORDER NO. 32229
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 u.S.C. 9
252(e)(1). However, 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 Staff s recommendation, the
Commission finds that the Interconnection Agreement and amendments to existing
Interconnection Agreements are consistent with the public interest, convenience and necessity
and do not discriminate. Therefore, the Commission finds that the Agreements, reviewed by
Staff and more fully described above, should be approved. Approval of the Agreements does not
negate the responsibility of either party 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 99 62-604 and 62-606 if they are providing other non-basic local telecommunications
services as defined by Idaho Code 9 62-603.
ORDER
IT IS HEREBY ORDERED that the amendments to the Interconnection Agreement
between Qwest Corporation and Eschelon Telecom, Inc., Case No. QWE-OO-, are approved.
IT IS FURTHER ORDERED that the amendments to the Interconnection Agreement
between Qwest Corporation and Electric Lightwave, LLC , Case No. USW-00-, are
approved.
IT IS FURTHER ORDERED that the Interconnection Agreement betw~en Qwest
Corporation and WiMacTel, Inc., Case No. QWE-II-, 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 99 61-
626 and 62-619.
ORDER NO. 32229
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;"0"'"
day of April 20 II.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~L9
J n D. Jewel
Commission Secretary
O:QWE-00-USW-OO-QWE-II-
ORDER NO. 32229