20021004oredr_no_ 29128.pdf

Office of the Secretary
Service Date
October 4,2002
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF )QWEST CORPORATION AND MCLEODUSA )TELECOMMUNICATIONS SERVICES,INC.)CASE NO.QWE-T-02-17
FOR APPROVAL OF AMENDMENTS TO AN )INTERCONNECTION AGREEMENT FOR THE )STATE OF IDAHO PURSUANT TO 47 U.S.C.§)252(e).(PRIORCASE NO.QWE-T-00-7))
)AMENDED NOTICE OFINTHEMATTEROFTHEAPPLICATIONOF)APPLICATIONSQWESTCORPORATIONANDESCHELON)TELECOM,INC.FOR APPROVAL OF AN )NOTICE OF MODIFIED
AMENDMENT TO AN INTERCONNECTION )PROCEDURE
AGREEMENT FOR THE STATE OF IDAHO )PURSUANT TO 47 U.S.C.§252(e).(PRIOR )NOTICE OF INTERVENTION
CASE NO.QWE-T-00-13))DEADLINE
IN THE MATTER OF THE APPLICATION OF )AMENDED NOTICE OF
QWEST CORPORATION AND COVAD )COMMENT DEADLINES
COMMUNICATIONS COMPANY FOR )APPROVAL OF AMENDMENTS TO AN )INTERCONNECTION AGREEMENT FOR THE )ORDER NO.29128
STATE OF IDAHO PURSUANT TO 47 U.S.C.§)252(e).(PRIORCASE NO.USW-T-99-3))
On August 21,2002,Qwest Corporation filed six negotiated agreements with the
Commission that it had previously made with McLeodUSA Telecommunications Services,Inc.
(three agreements),Eschelon Telecom,Inc.(one agreement)and Covad Communications
Company (two agreements).'Qwest filed these agreements under the case numbers from
previously approved interconnection agreements,see Case Nos.QWE-T-00-7,QWE-T-00-13
and USW-T-99-23.
Similar and identical unfiled agreements have raised questions about Qwest's
compliance with the Telecommunications Act of 1996 in several states.Currently,there are
'Qwest entered these agreements with these Companies between April 19,2000 and March 1,2002.
AMENDED NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF INTERVENTION DEADLINE
AMENDED NOTICE OF COMMENT DEADLINE
ORDER NO.29128 1
proceedings in Iowa,Minnesota and New Mexico examining these issues.2 QWCSt has also filed
a Petition for Declaratory Ruling with the Federal Communications Commission ("FCC")
requesting that it rule on the scope and duty to file and obtain prior approval of certain types of
negotiated contractual arrangements under 47 U.S.C.§252.The FCC requested comments on
the question posed by the Qwest filing and has the matter under advisement.
After reviewing this matter the Commission consolidated these Applications and
associated case numbers into one proceeding with the Case No.QWE-T-02-17.The
Commission also found that because these Applications raised important issues they should not
be summarily approved.Accordingly,the Commission on September 19,2002 issued Notice of
Applications,Modified Procedure (i.e.,by written submission rather than by hearing,IDAPA
31.01.01.201-204),Intervention Deadline and Comment Deadlines.
YOU ARE HEREBY NOTIFIED that on September 19,2002 Qwest filed an
amendment to the McLeodUSA,Qwest Interconnection Agreement under the Case No.QWE-T-
00-7.Qwest states that this filing amends a previous amendment (April 26,2001)to the
underlying interconnection agreement.
YOU ARE FURTHER NOTIFIED that after reviewing this proposed amendment the
Commission finds that it must be consolidated for review with the Applications in this case,Case
No.QWE-T-02-17.
TELECOMMUNICATIONS ACT OF 1996
Under the provisions of the federal Telecommunications Act of 1996,interconnection
agreements must be submitted to the Commission for approval.47 U.S.C.§252(e)(1).The
Commission may reject an agreement adopted by negotiations only if it finds that the agreement:
(1)discriminates against 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.S.C.§252(e)(2)(A).Pursuant to 47 U.S.C.§252(e)(4)the Commission has 90
days after the filing of an agreement that is adopted by negotiation by the parties to approve or
reject it.Qwest filed these agreements on August 21,2002.
2 The Iowa Department of Commerce Utilities Board found that certain agreements between Qwest and Covad and
McLeodUSA were interconnection agreements.In re A T&T Corporationv.Qwest Corporation,Docket No.FCU-
02-2 (issued May 29,2002).
AMENDED NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF INTERVENTION DEADLINE
AMENDED NOTICE OF COMMENT DEADLINE
ORDER NO.29128 2
AMENDED NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that Qwest Corporation has filed seven negotiated
agreements under the case numbers of existing interconnection agreements between itself and
McLeodUSA Telecommunications Services,Inc.,Eschelon Telecom,Inc.and Covad
Comniunications Company.These agreements were previouslyunfiled with the Commission but
due to Qwest's new filing policy are now being submitted for the Commission's review and
approval.
YOU ARE FURTHER NOTIFIED that Qwest does not believe these contractual
arrangements filed now with the Commission fall within the filing requirements of Section 252,
but acknowledge that the standards of what should be filed "have not been clearly defined."
Thus,Qwest states it has implemented a new policy and is now "broadly filing all contracts,
agreements or letters of understanding between Qwest Corporation and CLECs that create
obligations to meet the requirements of Section 251(b)or (c)on a going forward basis."Qwest
also states that "provisions that settle past carrier-specific disputes,that do not relate to Section
251,or that are no longer in effect are not subject to Section 251(i)and this offering."
YOU ARE FURTHER NOTIFIED that Qwest claims the filed agreements are all of
the "currently effective agreements with CLECs in Idaho that were entered into prior to adoption
of the new policy...that relate to Section 251(b)or (c)services on an on-going basis that have
not been terminated or superseded by agreement,commission order,or otherwise."Qwest states
that its decision to file these agreements does not bind the Commission with respect to the
question of whether Qwest failed to comply with the provisions of Sections 251 and 252.
However,the Company believes that it has acted in good faith and that penalties are not
appropnate.
NOTICE OF INTERVENTION DEADLINE
YOU ARE FURTHER NOTIFIED that persons desiring to intervene in this matter
must file a Petition to Intervene with the Commission pursuant to this Commission's Rules of
Procedure 72 and 73,IDAPA 31.01.01.072 and -.073 on or before October 10,2002.This date
is 21 days from the September 19,2002 service date of the original Notice and Order.Qwest,
AMENDED NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF INTERVENTION DEADLINE
AMENDED NOTICE OF COMMENT DEADLINE
ORDER NO.29128 3
McLeodUSA,Eschelon and Covad shall be made parties to this case by our Order;thus,they
shall not be required to file petitions to intervene.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the
public interest may not require a fonnal hearing in this matter and will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission's Rules
of Procedure,IDAPA 31.01.01.201 through .204.
YOU ARE FURTHER NOTIFIED that the Commission may not hold a hearing in
this proceeding unless it receives written protests or comments opposing the use of Modified
Procedure and stating why Modified Procedure should not be used.Reference IDAPA
31.01.01.203.
YOU ARE FURTHER NOTIFIED that any person or party desiring to state a
position on this Application may file a written comment in support or opposition with the
Commission on or before October 25,2002.The comment must contain a statement of reasons
supporting the comment.Persons desiring a hearing must specifically request a hearing in their
written comments.Any person or party desiring to file written reply comments in response to
any filed comments shall do so on or before November 8,2002.
YOU ARE FURTHER NOTIFIED that written comments concerning these
consolidated Applications shall be mailed to the Commission and the Applicants at the addresses
reflected below:
Cornmission Secretary Mary S.Hobson
Idaho Public Utilities Commission Stoel Rives LLP
PO Box 83720 101 South Capitol Boulevard,Suite 1900
Boise,ID 83720-0074 Boise,ID 83702
E-mail:mshobson stoel.com
Street Address for Express Mail:
Lauraine Harding
472 W.Washington Street Senior Manager,Interconnect Negotiation
Boise,ID 83702-5983 McLeodUSA
6400 C Street SW,Box 3177
Cedar Rapids,IA 52406-3177
E-mail:lharding McLeodUSA.com
AMENDED NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF INTERVENTION DEADLINE
AMENDED NOTICE OF COMMENT DEADLINE
ORDER NO.29128 4
Dennis Ahlers,Senior Attorney
Eschelon Telecom,Inc.
730 Second Avenue,South Suite 1200
Minneapolis,MN 55402
E-mail:[e-mail]
Brad Sonnenberg
Covad Communications Company
3420 Central Expressway
Santa Clara,CA 95051
E-mail:[e-mail]
Written comments and reply comments should contain the case caption and case
number shown on the first page of this document.Persons desiring to submit comments via e-
mail may do so by accessing the Commission's homepage located at www.puc.state.id.us under
the "Comments and Questions"icon.Once at the "Comments and Questions"icon,fill in the
case number as it appears on the front of this document,and enter your comments.These
comments must also be sent to the Applicant at the e-mail addresses listed above.
O RD ER
IT IS HEREBY ORDERED that the Application,filed on September 19,2002,
requesting that the Commission approve an Amendment to the McLeodUSA,Qwest
Interconnection Agreement,Case No.QWE-T-00-7,is consolidated with the Applications under
review in this case,Case No.QWE-T-02-17.
IT IS FURTHER ORDERED that the amended scheduling be adopted.
AMENDED NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF INTERVENTION DEADLINE
AMENDED NOTICE OF COMMENT DEADLINE
ORDER NO.29128 5
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho,this 9 A
day of October 2002.
AUL KJ L ER,PRESIDENT
M SHA H.SMITH,COMMISSIONER
ÖENNIS S.IfANS ,COMMISSIONER
ATTEST:
Je D.Jewell
Commission Secretary
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AMENDED NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
NOTICE OF INTERVENTION DEADLINE
AMENDED NOTICE OF COMMENT DEADLINE
ORDER NO.29128 6