20080124final_order_no_30490.pdf

Office of the Secretary
Service Date
January 24, 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND XO
COMMUNICATIONS SERVICES, INe. FOR
APPROVAL OF AMENDMENTS TO AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.e. ~ 252(e)
CASE NO. QWE-02-
ORDER NO. 30490
In this case the Commission is asked to approve amendments to an existing
interconnection agreement between Qwest Corporation and XO Communications Services, Inc.
With this Order, the Commission approves the amendments.
BACKGROUND
Under the prOVlSlons of the federal Telecommunications Act of 1996
interconnection agreements, including amendments thereto, must be submitted to the
Commission for approval. 47 U.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 US.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
(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
ofthe agreement do not comply with the requirements of (Part 51)." 47 C.R. ~ 51.3.
THE CURRENT APPLICATIONS
On January 4, 2008, Qwest submitted two Applications for approval to amend its
Interconnection Agreement with XO Communications Services, Inc., approved by the
Commission on February 28, 2002. Order No. 28964. In the first Application, the parties
requested that the Commission approve an amendment to clarify the Relative Use Factor and
other terms applicable to facility billing. The second Application sought to amend the agreement
to add certain terms and conditions relating to Voice over Internet Protocol (VoIP) services.
ORDER NO. 30490
ST AFF RECOMMENDATION
The 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
proposed amendments are consistent with the pro-competitive policies of this Commission, Title
62 of the Idaho Code, and the federal Telecommunications Act. Accordingly, Staff
recommended the Commission approve the Applications.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, 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 and the Staff s recommendation, the
Commission finds that the proposed amendments to the previously approved Interconnection
Agreement are consistent with the public interest, convenience and necessity and do not
discriminate. Therefore, the Commission finds that the amendments should be approved.
Approval of these Applications does not negate the responsibility of either of the parties to these
Agreements to obtain a Title 62 Certificate of Public Convenience and Necessity (pursuant to
Commission Order No. 26665) 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 amendments to the Interconnection Agreement
between Qwest Corporation and XO Communications Services, Inc., are 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 62-619.
ORDER NO. 30490
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this J. t../
day of January 2008.
\ ~---
MACK A. REDFO
d~~
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~/tACommission Secretary
O:QWE-02-
ORDER NO. 30490