20041109Final Order No 29626.pdf

Office of the Secretary
Service Date
November 9, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION CASE NO. QWE-01-
AND Z- TEL COMMUNICATIONS, INC. FOR
APPROV AL OF AN AMENDMENT TO AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e)
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION CASE NO. QWE- T -04-
AND SOUTHWESTERN BELL
COMMUNICATIONS SERVICES aka SBC
LONG DISTANCE FOR APPROVAL OF AN
AMENDMENT TO AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~
252( e)
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION CASE NO. USW - T -99-
AND MULTIBAND COMMUNICATIONS, LLC
FOR APPROVAL OF AN AMENDMENT TO
AN INTERCONNECTION AGREEMENT ORDER NO. 29626
PURSUANT TO 47 U.C. ~252(e)
In these cases the Commission is asked to approve amendments to existing
interconnection agreements.
BACKGROUND
Under the provision 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 U.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 "
ORDER NO. 29626
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 51.3.
THE CURRENT APPLICATIONS
1. Qwest Corporation and Z-Tel Communications. Inc. (Case No. QWE-01-12)
This is an amendment to an existing agreement adding terms and conditions regarding Batch Hot
Cuts and removing the availability of Mass Market Switching.
2. Qwest Corporation and Southwestern Bell Communications Services (Case No.
QWE-04-21). This is an amendment to an existing agreement removing the availability of
various Unbundled Network Elements (UNE).
3. Qwest Corporation and Multiband Communications. LLC (Case No. USW-99-
30). This is an amendment to an existing agreement adding terms and conditions regarding
Commercial Line Sharing.
STAFF RECOMMENDATION
The Staff has reviewed the Applications and did not find any terms or conditions that
it considers to be discriminatory or contrary to the public interest. Staff believes that these
amendments are consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff believes that
these amendments merit the Commission s approval.
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, 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. Id. Based upon our review of the Applications and the Staff
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 of 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
ORDER NO. 29626
Code gg 62-604 and 62-606 if they are providing other non-basic local telecommunications
services as defined by Idaho Code g 62-603.
ORDER
IT IS HEREBY ORDERED that the amendment of the interconnection agreement
between Qwest Corporation and Z-Tel Communications, Inc., Case No. QWE-01-, is
approved.
IT IS FURTHER ORDERED that the amendment of the interconnection agreement
between Qwest Corporation and Southwestern Bell Communication Services, Case No. QWE- T-
04- 21 , is approved.
IT IS FURTHER ORDERED that the amendment of the interconnection agreement
between Qwest Corporation and Multiband Communications, LLC Case No USW-99-, 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
g g
61-
626 and 62-619.
ORDER NO. 29626
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 11*
day of November 2004.
QJ Snr;L
SHA H. SMITH, COMMISSIONER
ATTEST:
~AJ- LfAD. JewellCo ission Secretary
O:QWETOl12 QWET0421 USWT9930
ORDER NO. 29626