20040401Final Order No 29460.pdf

Office of the Secretary
Service Date
April!2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND V ARTEC
TELECOM, INC. 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 AND XO IDAHO,
INC. 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 AND SPRINT
COMMUNICATIONS COMPANY L.P. 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 AND BRIDGEBAND
COMMUNICATIONS, INC. FOR APPROVAL OF
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.c. ~ 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND
AARDISSERVICES FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.C. ~ 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF VERIZON NORTHWEST, INC AND XO
IDAHO, INC. FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.c. ~ 252(e).
) CASE NO. QWE-02-
) CASE NO. QWE- T -02-
) CASE NO. QWE-04-
) CASE NO. QWE-04-
) CASE NO. QWE- T -04-
) CASE NO. VZN-04-
) ORDER NO. 29460
In these cases the Commission is asked to approve new interconnection agreements
and amendments to previously approved interconnection agreements.
ORDER NO. 29460
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. ~ 252(e)(1). The
Commission may reject an agreement adopted by negotiations only ifit 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. ~ 252(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. ~ 51.3.
THE CURRENT APPLICATIONS
The Commission has been asked to approve three new interconnection agreements
and three amendments to existing interconnection agreements. These Applications are discussed
in greater detail below.
1. Qwest and Vartec Telecom, Inc. (Case No. QWE-02-. This is an amendment
to a previously approved agreement addressing terms for DSL service provided with the UNE-
platform.
2. Qwest and XO Idaho, Inc. (Case No. QWE- T -02-. This is an amendment to a
previously approved agreement addressing reciprocal compensation terms.
3. Qwest and Sprint Communications Company L.P. (Case No. QWE-04-. This
Application is for an amendment to an existing interconnection agreement providing promotional
rates for Collocation Available Inventory for a limited time period.
4. Qwest and BridgeBand Communications, Inc. (Case No. QWE-04-. This
Application seeks approval of a new agreement (replacing a previous agreement). The new
agreement is based upon the Statement of Generally Available Terms (SGAT).
5. Qwest and aardisServices (Case No. QWE-04-This Application seeks
approval of a new agreement. The new agreement is based upon the Statement of Generally
Available Terms (SGAT).
ORDER NO. 29460
6. Verizon Northwest Inc. and XO Idaho, Inc. (Case No. VZN-04-
Application seeks approval of a new interconnection agreement.
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 new agreements
and amendments to 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.C. ~ 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, the Staffs
recommendation and on the fact no other person commented on these Applications, the
Commission finds that the new interconnection agreements and 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 agreements and amendments does not negate
the requirement that the parties to them must obtain a Certificate of Public Convenience and
Necessity if they are offering local exchange services or complying 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 new interconnection agreements and
amendments to interconnection agreements discussed above are approved.Terms of the
agreements that are not already in effect shall be effective as of the date of this Order.
IT IS FURTHER ORDERED that the amendment to a previously approved
interconnection agreement between Qwest Corporation and Vartec Telecom, Inc., Case No.
QWE- T -02-, is approved.
ORDER NO. 29460
IT IS FURTHER ORDERED that the amendment to a previously approved
interconnection agreement between Qwest Corporation and XO Idaho , Inc., Case No. QWE- T-
02-, is approved.
IT IS FURTHER ORDERED that the amendment to a previously approved
interconnection agreement between Qwest Corporation and Sprint Communications Company
L.P., Case No. QWE-04-, is approved.
IT IS FURTHER ORDERED that the new interconnection agreement between Qwest
Corporation and BridgeBand Communications, Inc., Case No. QWE- T -04-, is approved.
IT IS FURTHER ORDERED that the new interconnection agreement between Qwest
Corporation and aardisServices, Case No. QWE-04-, is approved.
IT IS FURTHER ORDERED that the new interconnection agreement between
Verizon Northwest Inc. and XO Idaho, Inc., Case No. VZN-04-, 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 the Case Nos. QWE- T -02-
, QWE-02-, QWE-04-, QWE-04-, QWE-04-5 and VZN-04-3 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 ~ ~ 61-626 and 62-619.
ORDER NO. 29460
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this
/ .sf
day of March 2004.
PAUL KJ L R, PRESIDENT----
MARSHA H. SMITH, COMMISSIONER
ATTEST:
tJ;;ECommission Secretary
O:QWET020 1- QWETO202 - QWETO40 1 - QWETO404- QWETO405 - VZNTO403
ORDER NO. 29460