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Home My WebLink About20020412Order No 29000.pdfOffice of the SecretaryService DateApril 12 2002BEFORE THE IDAHO PUBLIC UTILITIES COMMISSIONIN THE MATTER OF THE JOINT APPLICATIONOF FREMONT TELCOM AND NEXTELPARTNERS, INC. FOR APPROVAL OF ANINTERCONNECTION AGREEMENT PURSUANTTO 47 U.C. ~ 252(e).IN THE MATTER OF THE JOINT APPLICATIONOF VERIZON NORTHWEST INCORPORATEDAND WESTERN WIRELESS CORPORATION FORAPPROVAL OF AN AMENDMENT TO ANEXIS TIN G INTERCO NNECTIO NAG REEMENTPURSUANT TO 47 U.C. ~ 252(e).IN THE MATTER OF THE JOINT APPLICATIONOF QWEST CORPORATION AND SPRINTSPECTRUM FOR APPROVAL OF ANAMEND MENT TO AN EXIS TIN GINTERCONNECTION AGREEMENT PURSUANTTO 47 U.C. ~ 252(e).IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND COY COMMUNICA TIONS COMPANY FOR APPROVAL OF AN AMENDMENT TO AN EXIS TIN G INTERCO NNECTIO NAG REEMENT PURSUANT TO 47 U.C. ~ 252(e). IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND NEW EDGE NETWORK, INC. FOR APPROVAL OF AN AMEND MENT TO AN EXIS TIN G INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~ 252(e). IN THE MATTER OF THE APPLICATION OF QWEST CORPORATION AND INTEGRA TELECOM OF IDAHO, INC. FOR APPROVAL OF TWO AMENDMENTS TO AN EXISTING INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~ 252(e). ORDER NO. 29000 CASE NO. FRE- T -02-CASE NO. GTE-98-CASE NOS. USW-97-SPS- T -97- CASE NO. USW - T -99- CASE NO. USW-99- CASE NO. USW - T -00- ) ORDER NO. 29000 IN THE MATTER OF THE APPLICATION OF QWEST CORPORATION AND MCLEODUSA FORAPPROVAL OF AN AMENDMENT TO AN EXISTING INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~ 252(e). IN THE MATTER OF THE APPLICATION OFQWEST CORPORATION AND A VISTACOMMUNICA TIONS OF IDAHO FORAPPROVAL OF AN AMENDMENT TO ANEXIS TIN G INTERCO NNECTIO NAG REEMENTPURSUANT TO 47 U.C. ~ 252(e).IN THE MATTER OF THE APPLICATION OFQWEST CORPORATION AND NTCH-IDAHO,INC. FOR APPROVAL OF AN AMENDMENT TOAN EXISTING INTERCONNECTIONAGREEMENT PURSUANT TO 47 U.C. ~ 252(e).IN THE MATTER OF THE APPLICATION OFQWEST CORPORATION AND PREFERREDCARRIER SERVICES, INC. FOR APPROVAL OFAN AMENDMENT TO AN EXIS TIN G INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~ 252(e). IN THE MATTER OF THE APPLICATION OF QWEST CORPORATION AND ICG TELECOM GROUP , INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~ 252(e). IN THE MATTER OF THE APPLICATION OF QWEST CORPORATION AND US CELLULAR FOR APPROVAL OF AN AMENDMENT TO AN EXIS TIN G INTERCO NNECTIO NAG REEMENT PURSUANT TO 47 U.C. ~ 252(e). IN THE MATTER OF THE APPLICATION OF VERIZON AND PREMIERE NETWORK SERVICES, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~ 252(e). ORDER NO. 29000 CASE NO. QWE-00-CASE NO. QWE-00-CASE NO. QWE-00-CASE NO. QWE-01- CASE NO. QWE-02- CASE NO. QWE-02- CASE NO. VZN-02- In these cases the Commission is asked to approve new interconnection agreementsand amendments to previously approved interconnection agreements.BACKGROUNDUnder the provisions of the federal Telecommunications Act of 1996 , interconnectionagreements must be submitted to the Commission for approval. 47 U.C. 9 252(e)(1). TheCommission may reject an agreement adopted by negotiations only if it finds that the agreement:(1) discriminates against telecommunications carriers not a party to the agreement; or (2)implementation of the agreement is not consistent with the public interest convenience andnecessity. 47 U.C. 9 252(e)(2)(A). As the Commission recently noted in Order No. 28427companies voluntarily entering into interconnection agreements "may negotiate terms , prices andconditions that do not comply with either the FCC rules or with the provisions with Section251(b) or (c).Order No. 28427 at 11 (emphasis original). This comports with the FCC'statement that "a state commission shall have authority to approve an interconnection agreementadopted by negotiation even if the terms of the agreement do not comply with the requirementsof (Part 51)." 47 C.R. 9 51.THE CURRENT APPLICATIONSAs discussed above the Commission has been asked to approve new interconnection agreements and amendments to existing interconnection agreements. These items are discussed in greater detail below. 1. Fremont Telcom and Nextel Partners, Inc (Case No. FRE-02-1)~This is a new Commercial Mobile Radio Services Interconnection Agreement. It is similar to other wireless interconnection agreements with Fremont the Commission has approved. 2. Verizon Northwest and Western Wireless Corporation (Case No. GTE-98-5)~ This is Amendment No.1 to a wireless interconnection agreement. The amendment implements FCC orders regarding reciprocal compensation. 3. Qwest and Sprint Spectrum (Case Nos. USW-97-7 and SPS-97-1)~This is a single point of presence (SPOP) amendment to the Companies ' existing Type 2 wireless interconnection agreement. 4. Qwest and Covad Communications (Case No. USW-99-3)-=-This is an amendment that adds conditions regarding testing for line sharing to the existing wireline interconnection agreement. ORDER NO. 29000 5. Qwest and New Edge Network, Inc. (Case No. USW-99-23)~This is anamendment to an existing wireline agreement that adds terms for unbundled loops andunbundled dedicated interoffice transport (UDIT).6. Qwest and Integra Telecom of Idaho , Inc. (Case No. USW- T -00-5)-=-This is anamendment to an existing wireline interconnection agreement adding terms for collocationcancellation and decommissioning.7. Qwest and Integra Telecom of Idaho , Inc. (Case No. USW- T -00-5)-=-This is anamendment to an existing wireline interconnection agreement adding terms for enhancedextended loops (EEL).8. Qwest and McLeodUSA (Case No. QWE- T -00- 7)~This is an amendment to anexisting wireline interconnection agreement adding terms for collocation cancellation anddecommissioning.9. Qwest and A vista Communications of Idaho (Case No. QWE- T -00-15)-=-This isan amendment to an existing wireline interconnection agreement adding terms for collocationcancellation and decommissioning.10. Qwest and NTCH-IDAHO Inc. (Case No. QWE-00-18)~This is an amendment to an existing Type 2 wireless interconnection agreement adding terms for compensation for calls to Internet Service Providers. 11. Qwest and Preferred Carrier Services , Inc. (Case No. QWE- T -0 1-15)-=-This is an amendment to an existing wireline interconnection agreement adding terms for unbundled network element combinations (UNE-C). 12. Qwest and ICG Telecom Group, Inc. (Case No. QWE- T -02-3)-=-This is a new interconnection agreement adopting the terms of the Sprint Communications Company agreement. 13. Qwest and US Cellular (Case No. QWE- T -02-4 )~This is an amendment to an existing Type 2 wireless interconnection agreement adding terms for compensation for calls to Internet Service Providers. The existing interconnection agreement was approved in Case No. USW-97- 14. Verizon and Premiere Network Services , Inc (Case No. VZN-02-1)~This is a new wireline interconnection agreement for resale and unbundled network elements. ORDER NO. 29000 STAFF RECOMMENDATIONThe Staff has reviewed these Applications and did not find any terms and conditionsto be discriminatory or contrary to the public interest. Staff believes that these new agreementsand amendments to interconnection agreements are consistent with the pro-competitive policiesof this Commission the Idaho Legislature, and the federal Telecommunications Act.Accordingly, Staff believes that the Applications merit the Commission s approval.COMMISSION DECISIONUnder the terms of the Telecommunications Act, interconnection agreements must besubmitted to the Commission for approval. 47 U.C. 9 252 (e)(l). The Commission s review islimitedhowever. The Commission may reject an agreement adopted by negotiation only if itfinds that the agreement discriminates against a telecommunications carrier not a party to theagreement or implementation of the agreement is not consistent with the public interestconvenience and necessity. Id. Based upon our review of the Applications, the Staff recommendation and on the fact no other person commented on these Applications , theCommission finds that the new interconnection agreements and amendments to previouslyapproved 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 new agreements and amendments to existing agreements 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. 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 interconnection agreement between Fremont Telcom and Nextel Partners , Inc., Case No. FRE-02-, is approved. IT IS FURTHER ORDERED that the amendment to the interconnection agreement between Verizon Northwest Incorporated and Western Wireless Corporation, Case No. G TE- T - 98-, is approved. ORDER NO. 29000 IT IS FURTHER ORDERED that the amendment to the interconnection agreementbetween Qwest Corporation and Sprint Spectrum Case Nos. USW - T -97 - 7 and SPS- T -97 -, isapproved.IT IS FURTHER ORDERED that the amendment to the interconnection agreementbetween Qwest Corporation and Covad Communications Company, Case No. USW-99-, isapproved.IT IS FURTHER ORDERED that the amendment to the interconnection agreementbetween Qwest Corporation and New Edge Network, Inc., Case No. USW-99-, is approved.IT IS FURTHER ORDERED that the two separate amendments to theinterconnection agreement between Qwest Corporation and Integra Telecom of Idaho, Inc., CaseNo. USW-00-, are approved.IT IS FURTHER ORDERED that the amendment to the interconnection agreementbetween Qwest Corporation and McleodUSA, Case No. QWE- T -00- 7, is approved.IT IS FURTHER ORDERED that the amendment to the interconnection agreementbetween Qwest Corporation and A vista Communications of Idaho , Case No. QWE- T -00-, isapproved.IT IS FURTHER ORDERED that the amendment to the interconnection agreement between Qwest Corporation and NTCH-IDAHO , Inc., Case No. QWE-00-, is approved. IT IS FURTHER ORDERED that the amendment to the interconnection agreement between Qwest Corporation and Preferred Carrier Services , Inc.Case No. QWE-01-, is approved. IT IS FURTHER ORDERED that the interconnection agreement between Qwest Corporation and ICG Telecom Group, Inc., QWE- T -02-, is approved. IT IS FURTHER ORDERED that the amendment to the interconnection agreement between Qwest Corporation and US Cellular, Case No. QWE- T -02-, is approved.This amendment modifies the previously approved agreement contained in Case No. USW- T -97- IT IS FURTHER ORDERED that the interconnection agreement between Verizon Northwest Incorporated and Premiere Network Services, Inc., Case No. VZN-02- 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. FRE- T- ORDER NO. 29000 02- 1 TE- T - 9 8 - 5 , US W - T - 9 7 - 7 , P S - T - 9 7 - 1 , US W - T - 9 9 - 3 , US W - T - 9 9 - 23 , US W - T - 0 0 - 5 ,QWE- T -00- 7 QWE- T -00-QWE- T -00-QWE- T -01-QWE- T -02-QWE- T -02-4 andVZN - T -02-1 may petition for reconsideration within twenty-one (21) days of the service date ofthis Order with regard to any matter decided in this Order or in interlocutory Orders previouslyissued in these cases. Within seven (7) days after any person has petitioned for reconsiderationany other person may cross-petition for reconsideration. See Idaho Code 99 61-626 and 62-619.DONE by Order of the Idaho Public Utilities Commission at Boise , Idaho , thisday of April 2002.PAUL KJELLANDER, PRESIDENTMARSHAH. SMITH, COMMISSIONER DENNIS S. HANSEN, COMMISSIONER ATTEST: Jean D. Jewell Commission Secretary O:FRETO21 - G TET985 - etal ORDER NO. 29000