20090714final_order_no_30860.pdf

Office of the Secretary
Service Date
July 13, 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION FOR APPROVAL OF AN
AMENDMENT TO ITS INTERCONNECTION
AGREEMENT WITH LEVEL 3 COMMUNICATIONS,
LLC PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
CAMBRIDGE TELEPHONE COMPANY FOR
APPROVAL OF ITS RECIPROCAL COMPENSATION
AGREEMENT WITH T -MOBILE USA, INC.
PURSUANT TO 47 U.c. ~ 252(e)
CASE NO. QWE-02-
CASE NO. CAM-09-
ORDER NO. 30860
In this case the Commission is asked to approve an Amendment to the Interconnection
Agreement between Qwest Corporation ("Qwest") and Level 3 Communications, LLC ("Level
) and the Reciprocal Compensation Agreement between Cambridge Telephone Company
Cambridge ) and T-Mobile USA, Inc. ("Mobile ). With this Order, the Commission
approves the parties' Agreements.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements, including amendments thereto, must be submitted to the Commission for approval.
47 D.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 U.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 11 (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 of the agreement do not
comply with the requirements of (Part 51)." 47 C.R. ~ 51.
ORDER NO. 30860
THE APPLICATIONS
Qwest Corporation ("Qwest") and Level 3 Communications, LLC ("Level 3"
(Case No. QWE-02-08).
On June 17, 2009, Qwest submitted an Application for approval of Amendment to its
Interconnection Agreement with Level 3. The parties' original Agreement was approved by the
Commission on May 22, 2002. See Order No. 29033. With this filing the parties sought
approval to add terms and conditions that will modify 8XX Third Party Carrier Traffic.
Attachment of the filing states that "8XX Third Party Carrier is a wireless
telecommunications provider whose originating toll-free traffic transits the CLEC's (Level 3)
network and routes the traffic to an Interexchange Carrier served by Qwest. The Agreement
describes provisions for billing and interconnecting for jointly provided switched access traffic.
The parties assert that the Agreement was reached through voluntary negotiations and
without resorting to mediation or arbitration.
Cambridge Telephone Company ("Cambridge ) and T-Mobile USA, Inc. ("Mobile
(Case No. CAM-09-03).
On June 12, 2009, Cambridge filed an Application seeking approval of its Reciprocal
Compensation Agreement with T-Mobile. The Agreement covers both Local Traffic and
InterMT A traffic and includes terms, conditions, pricing, and traffic ratio factor for termination
of local traffic via indirect connection, through a third-party carrier, between Cambridge and
Mobile s operating company numbers.
ST AFF RECOMMENDATION
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
Agreements, including Amendments thereto, are consistent with the pro-competitive policies of
this Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly,
Staff recommends that the Commission approve the foregoing Agreements.
COMMISSION DECISION
Under the terms of the Telecommunications Act, Interconnection Agreements, including
Amendments thereto, must be submitted to the Commission for approval. 47 US.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
ORDER NO. 30860
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 Staffs 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. Approval of these Agreements does not negate the responsibility of either party to
these Agreements to obtain a Certificate of Public Convenience and Necessity 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 Level 3 Communications, LLC, Case No. QWE-02-, are
approved.
IT IS FURTHER ORDERED that the Reciprocal Compensation Agreement between
Cambridge Telephone Company and T-Mobile USA, Inc., Case No. CAM-09-, 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 ~9 61-
626 and 62-619.
ORDER NO. 30860
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /3
f1..day
of July 2009.
dJ D. MPTON, P SIDENT
MARSHA H. SMITH, COMMISSIONER
oC:
ATTEST:
O:QWETO208- CAMTO903 - np
ORDER NO. 30860