20030728Final Order No 29303.pdf

Office of the Secretary
Service Date
July 28, 2003
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND NEW ACCESS
COMMUNICATIONS LLC FOR APPROVAL OF
AN AMENDMENT TO A PREVIOUSLY
APPROVED INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.c. ~ 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND XO IDAHO,
INC. FOR APPROVAL OF AN AMENDMENT TO A
PREVIOUSLY APPROVED INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~ 252(e).
) CASE NO. QWE-00-
) CASE NO. QWE-02-
) ORDER NO. 29303
In these cases the Commission is asked to approve amendments to previously
approved interconnection agreements.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. 9252(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. 9252(e)(2)(A). As the Commission recently 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 provisions of Section 251 (b)
or (c)." Order No. 28427 at 11 (emphasis 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. 951.3.
THE CURRENT APPLICATIONS
The Commission has been asked to approve two amendments to existing
interconnection agreements. The items are discussed in greater detail below.
ORDER NO. 29303
1. Qwest Corporation and New Access Communications LLC. (Case No. QWE-OO-
19). In this Application, the parties request that the Commission approve an amendment to an
existing Interconnection Agreement.In this amendment, Performance Assurance Plan and
Performance Indicator Definitions are incorporated into the existing interconnection agreement.
2. Qwest Corporation and XO Idaho, Inc. (Case No. QWE-02-
amendment, terms and conditions are added for DC Power Reduction Procedures.
In this
STAFF RECOMMENDATION
The Staff has reviewed these Applications and did not find any terms and conditions
to be discriminatory or contrary to the public interest. Staff believes that these amendments to
previously approved interconnection agreements are consistent with the pro-competitive policies
of this Commission, the Idaho Legislature, and the federal Telecommunications Act.
Accordingly, Staff believes that the Applications 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.S.c. 9 252 (e)(I). 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, the Staffs
recommendation and on the fact no other person commented on these Applications, the
Commission finds that the amendments to previously approved interconnection agreements are
consistent with the public interest, convenience and necessity and do not discriminate.
Therefore, the Commission finds that these Applications should be approved.However
approval of these Applications does not negate the responsibility of any of the parties to these
agreements to obtain a Certificate of Public Convenience and Necessity if they are offering local
exchange services or complying 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 previously approved
interconnection agreements discussed above are approved.
ORDER NO. 29303
IT IS FURTHER ORDERED that the amendment to the previously approved
Interconnection Agreement between Qwest Corporation and New Access Communications LLC
Case No. QWE-00-, is approved.
IT IS FURTHER ORDERED that the amendment to the Interconnection Agreement
between Qwest Corporation and XO Idaho, Inc., Case No. QWE- T -02-, is approved.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) or in interlocutory Orders previously issued in these Case Nos. QWE-
00-19 and QWE-02-2 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 or in interlocutory
Orders previously issued in these cases. Within seven (7) days after any person has petitioned
for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code
9961-626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho , this ;J.JI tI-
day of July 2003.
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MARSHA H. SMITH, COMMISSIONER
ISSIONER
ATTEST:
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ORDER NO. 29303