20051114final order no 29911.pdf

Office of the Secretary
Service Date
November 14 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND NTCH-CASE NO. QWE-OO-
IDAHO, 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 TIME CASE NO. QWE-O4-
WARNER TELECOM OF IDAHO LLC FOR
APPROV AL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~ORDER NO. 29911
252( e)
In these cases, the Commission is asked to approve amendments to existing and
previously approved Interconnection Agreements. With this Order the Commission approves the
amendments to Agreements.
BACKGROUND
Under the prOVlSlons of the federal Telecommunications Act of 1996
interconnection agreements must be submitted to the Commission for approval. 47 U.C. g
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. g 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. g 51.
THE CURRENT APPLICATIONS
1. Owest Corporation and NTCH-Idaho. Inc. (Case No. QWE-00-18). The subject
Application was filed on October 21 , 2005 by Qwest. The Application requests that the
ORDER NO. 29911
Commission approve an amendment to an existing interconnection agreement between the
parties approved by the Commission on January 26, 2001. To the extent applicable, the
Agreement will eliminate certain Unbundled Network Elements ("UNEs ) or add terms and
conditions for certain UNEs as set forth Attachment 1 of the filing.
2. Owest Corporation and Time Warner Telecom ofIdaho LLC (Case. No. OWE-
04-20).The subject Application was filed on November 3 , 2005 by Qwest. The Application
requests that the Commission approve an amendment to an existing interconnection agreement
between the parties approved by the Commission on August 2, 2004. To the extent applicable
the Agreement will eliminate certain Unbundled Network Elements ("UNEs ) or add terms and
conditions for certain UNEs as set forth in Attachment 1 and Exhibit A of the filing.
STAFF RECOMMENDATION
Staff has reviewed the Applications and does 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.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 U.C. g 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
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
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 g~ 62-604
and 62-606 if they are providing other non-basic local telecommunications services as defined by
Idaho Code g 62-603.
ORDER NO. 29911
ORDER
IT IS HEREBY ORDERED that the amended Interconnection Agreement of Qwest
Corporation and NTCH-Idaho, Inc., Case No. QWE-00-, is approved.
IT IS FURTHER ORDERED that the amended Interconnection Agreement of Qwest
Corporation and Time Warner Telecom ofIdaho LLC, Case No. QWE-04-, 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 g 61-
626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this I'I-M
day of November 2005.
DER, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
ATTEST:
Je D. Jewell
1:6mission Secretary
O:QWE-OO-04-
ORDER NO. 29911