20110714final_order_no_32293.pdf

Office of the Secretary
Service Date
July 14,2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION FOR APPROVAL OF )CASE NO QWE-T-02-22
AN AMENDMENT TO ITS INTERCONNECTION )
AGREEMENT WITH MCIMETRO ACCESS )
TRANSMISSION SERVICES LLC PURSUANT )
TO 47 U.S.C.§252(e))
__________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION FOR APPROVAL OF )CASE NO.QWE-T-05-16
AN AMENDMENT TO ITS INTERCONNECTION )
AGREEMENT WITH TETON )
COMMUNICATIONS,INC.PURSUANT TO 47 )
U.S.C.§252(e))
__________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION FOR APPROVAL OF )CASE NO.USW-T-OO-O5
AN AMENDMENT TO ITS INTERCONNECTION )
AGREEMENT WITH INTEGRA TELECOM OF )
IDAHO,INC.PURSUANT TO 47 U.S.C.§252(e))
__________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION FOR APPROVAL OF )CASE NO.QWE-T-04-20
AN AMENDMENT TO ITS INTERCONNECTION )
AGREEMENT WITH TW TELECOM OF IDAHO,)
LLC FKA TIME WARNER TELECOM OF )
IDAHO,LLC PURSUANT TO 47 U.S.C.§252(e))
_________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION FOR APPROVAL OF )CASE NO.QWE-T-OO-13
AN AMENDMENT TO ITS INTERCONNECTION )
AGREEMENT WITH ESCHELON TELECOM,)
INC.PURSUANT TO 47 U.S.C.§252(e))
_________________________________________________________________________________________
)
IN THE MATTER OF THE APPLICATION OF )
QWEST CORPORATION FOR APPROVAL OF )CASE NO QWE-T-05-05
AN AMENDMENT TO ITS INTERCONNECTION )
AGREEMENT WITH METROPOLITAN )
TELECOMMUNICATIONS OF IDAHO,INC.)ORDER NO.32293
PURSUANT TO 47 U.S.C.§252(e))
__________________________________________________________________________________
)
ORDER NO.32293 1
IN THE MATTER OF THE APPLICATION FOR )
APPROVAL OF AN INTERCONNECTION )CASE NO.CTZ-T-1l-Ol
AGREEMENT BETWEEN FRONTIER )
COMMUNICATIONS OF AMERICA,INC.AND )
FRONTIER COMMUNICATIONS NORTHWEST )
INC.PURSUANT TO 47 U.S.C.§252(e))
In these cases,the Commission is asked to approve amendments to existing and
previously approved Interconnection Agreements as well as a new Interconnection Agreement.
With this Order,the Commission approves the Interconnection Agreement and amendments to
the existing 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 U.S.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.S.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.F.R.§51.3.
THE APPLICATIONS
1.Qwest Corporation and MCIMetro Access Transmission Services LLC,Case No.
OWE-T-02-22.On May 24,2011,the Commission received Qwest’s Application requesting
approval to amend its Interconnection Agreement with MCIMetro,previously approved by the
Commission on September 3,2004.This filing amends the terms,conditions and port rates of
the Qwest Local Services Platform agreement.
2.Owest Corporation and Teton Communications,Inc.,Case No.OWE-T-05-16.
On May 24,2011,the Commission received Qwest’s Application requesting authority to amend
ORDER NO.32293 2
its Interconnection Agreement with Teton.The parties’original Agreement was approved by the
Commission on August 29,2005.See Order No.29858.This filing amends the Type 1 and
Type 2 Paging Connections Service agreement and adds terms,conditions and rates for 800
Pageline.
3.Owest Corporation and Integra Telecom of Idaho,Inc.,Case No.USW-T-00-05.
On May 24,2011,the Commission received Qwest’s Application requesting authority to amend
its Interconnection Agreement with Integra.The parties’original Agreement was approved by
the Commission on April 28,2000.See Order No.28360.This filing amends the terms,
conditions and port rates of the Qwest Local Services Platform agreement.
4.Qwest Corporation and TW Telecom of Idaho,LLC fka Time Warner Telecom of
Idaho,LLC,Case No.OWE-T-04-20.On May 24,2011,the Commission received Qwest’s
Application requesting authority to amend its Interconnection Agreement with TW Telecom.
The parties’original Agreement was approved by the Commission on August 2,2004.See
Order No.29559.This filing adds terms and conditions relating to xDSL capable loops.
5.Qwest Corporation and Eschelon Telecom,Inc.,Case No.OWE-T-00-13.On
May 24,2011,the Commission received Qwest’s Application requesting authority to amend its
Interconnection Agreement with Eschelon.The parties’original Agreement was approved by
the Commission on November 20,2000.See Order No.28570.This filing amends the terms,
conditions and port rates of the Qwest Local Services Platform agreement.
6.Owest Corporation and Metropolitan Telecommunications of Idaho,Inc.,Case
No.OWE-T-05-05.On June 23,2011,the Commission received Qwest’s Application requesting
authority to amend its Interconnection Agreement with Metropolitan.The parties’original
Agreement was approved by the Commission on May 5,2005.See Order No.29776.This filing
amends the terms and conditions of Attachment 2 of the parties’existing Interconnection
Agreement.
7.Frontier Communications of America,Inc.(FCA)and Frontier Communications
Northwest Inc.(Frontier),Case No.CTZ-T-1l-0l.On June 15,2011,the Commission received
Frontier’s Application requesting approval of its Interconnection Agreement with FCA.This
Agreement sets out rates,terms and conditions for FCA to collocate in Frontier’s offices for the
provision of broadband services.
ORDER NO.32293 3
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 Agreements and amendments thereto,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 proposed Interconnection
Agreement and amendments to the parties’Interconnection Agreements.
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.§
252(e)(l).However,the Commission’s review is limited.The Commission may reject an
agreement adopted by negotiation p1y 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 recommendations,the
Commission finds that the Agreement and Amendments to the Agreements are consistent with
the public interest,convenience and necessity and do not discriminate.Therefore,the
Commission finds that the Agreement and Amendments,reviewed by Staff and more fully
described above,should be approved.Approval of the Agreement and Amendments 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 §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 MCIMetro Access Transmission Services LLC,Case No.
QWE-T-02-22,is approved.
IT IS FURTHER ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation and Teton Communications,Inc.,Case No.QWE-T-05-16,is
approved.
ORDER NO.32293 4
IT IS FURTHER ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation and Integra Telecom of Idaho,Inc.,Case No.USW-T-OO-05,is
approved.
IT IS FURTHER ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation and TW Telecom of Idaho,LLC fica Time Warner Telecom of
Idaho,LLC,Case No.QWE-T-04-20,is approved.
IT IS FURTHER ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation and Eschelon Telecom,Inc.,Case No.QWE-T-OO-13,is approved.
IT IS FURTHER ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation and Metropolitan Telecommunications of Idaho,Inc.,Case No.
QWE-T-05-05,is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement between Frontier
Communications of America,Inc.and Frontier Communications Northwest Inc.,Case No.CTZ
T-11-O1,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 62-6 19.
ORDER NO.32293 5
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this /Lft
day of July 2011.
ATTEST:
Jean D Jewell
Commission Secretary
/\i1.I
!ARSHA H.SMITH,
I i-‘
.i ://tJ J f
COMMISSIONER
O:QWE-T-02-2205-I 6USW-T-O0-O5QWE-T-04-2000-I 3_05-05_CTZ-T-11-01_np
SSIONER
ORDER NO.32293 6