2002112final_order_no_29155.pdf

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Office of the Secretary(OÑ
Service Date
November 21,2002
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION )OF QWEST CORPORATION AND BASICPHONE,)CASE NO.QWE-T-02-18 NINC.FOR APPROVAL OF AN AMENDMENT TO )AN EXISTING INTERCONNECTION )AGREEMENT PURSUANT TO 47 U.S.C.§252(e).)
IN THE MATTER OF THE JOINT APPLICATION )OF QWEST CORPORATION AND NEW EDGE )CASE NO.QWE-T-02-20NETWORKS,INC.FOR APPROVAL OF AN )INTERCONNECTIONAGREEMENT PURSUANT )TO 47 U.S.C.§252(e).)
IN THE MATTER OF THE JOINT APPLICATION )OF QWEST CORPORATION AND MCIMETRO )CASE NO.QWE-T-02-22ACCESSTRANSMISSIONSERVICESLLCFOR)APPROVAL OF AN INTERCONNECTION )AGREEMENT PURSUANT TO 47 U.S.C.§252(e).)
IN THE MATTER OF THE JOINT APPLICATION )OF QWESTCORPORATION AND TIME )CASE NO.USW-T-00-14 4WARNERTELECOMOFIDAHOFOR)APPROVAL OF TWO AMENDMENTS TO AN )EXISTING WIRELINE INTERCONNECTION )AGREEMENT PURSUANT TO 47 U.S.C.§252(e).)
IN THE MATTER OF THE JOINT APPLICATION )OF CITIZENS TELECOMMUNCATIONS )CASE NO.CTC-T-02-2COMPANYOFIDAHOANDV&V INC.DBA THE )LOCAL CONNECTION FOR APPROVAL OF A )RESALE WIRELINE INTERCONNECTION )AGREEMENTPURSUANTTO 47 U.S.C.§252(e).)
IN THE MATTER OF THE JOINT APPLICATION )OF VERIZON AND KMC TELECOM V,INC.)CASE NO.VZN-T-02-10FORAPPROVALOFANINTERCONNECTION)AGREEMENT PURSUANT TO 47 U.S.C.§252(e).)
)ORDER NO.29155
In these cases the Commission is asked to approve new interconnection agreements
and amendments to previously approved interconnection agreements.
ORDER NO.29155 1
BACKGROUND
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 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.S.C.§252(e)(2)(A).As the Commission recently noted in Order No.28427,
companies voluntarilyentering into interconnection agreements "may negotiate terms,prices and
conditions that do n_ot comply with either the FCC rules or with the provisions with 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.F.R.§51.3.
THE CURRENT APPLICATIONS
The Commission has been asked to approve these new agreements and amendments
to existing interconnection agreements.These agreements are discussed in greater detail below.
1.Owest Corporation and BasicPhone,Inc.,Case No.QWE-T-02-18.In this
Application,the parties request that the Commission approve an amendment to an existing
agreement.This amendment adds terms and conditions for Internet Service Provider (ISP)bound
traffic.
2.Owest Corporation and New Edge Networks,Inc.,Case No.QWE-T-02-20.In this
Application,the parties request that the Commission approve an interconnection agreement.The
filing also includes an Amendment regarding DC Power Reduction Procedure and Collocation.
3.Owest Corporation and MCIMetro Access Transmission Services,LLC,Case No.
QWE-T-02-22.In this Appl cation,the parties request that the Commission approve an
interconnection agreement.The agreement is referred to as Qwest's Statement of Generally
Available Terms for interconnection or SGAT.
4.Owest Corporation and Time Warner Telecom of Idaho,Case No.USW-T-00-14.In
this Application,the parties request that the Commission approve two amendments to an existing
wireline interconnection agreement.The amendments add terms for Unbundled Dark Fiber and
Direct Trunked Transport.
ORDER NO.29155 2
5.Citizens Telecommunications Company of Idaho and V &V Inc.dba The Local
Connection,Case No.CTC-T-02-2.In this Application,the parties request that the Commission
approve a resale wireline interconnection agreement.
6.Verizon Northwest Inc.and KMC Telecom V,Inc.,Case No.VZN-T-02-10.In this
Application,the parties request that the Commission approve an interconnection agreement.The
parties wish to adopt the agreement between Sprint Communications Company L.P.and Verizon
California,Inc.in its entirety.
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.S.C.§252 (e)(l).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 Staff's
recommendation and on the fact no other person commented on these Applications,the
Commission finds that the new agreements and the 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 new agreements and amendments 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 §§62-604 and 62-606 if they are providing other non-basic local telecommunications
services as defined by Idaho Code §62-603.
ORDER NO.29155 3
ORDER
IT IS HEREBY ORDERED that the new 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 the interconnection agreement
between Qwest Corporation and BasicPhone,Inc.,Case No.QWE-T-02-18,is approved.
IT IS FURTHER ORDERED that the interconnection agreement and amendment
regarding DC Power Reduction Procedure and Collocation between Qwest Corporation and New
Edge Networks,Inc.,Case No.QWE-T-02-20,is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest
Corporation and MCIMetro Access Transmission Services,LLC,Case No.QWE-T-02-20,is
approved.
IT IS FURTHER ORDERED that the two amendments to an existing interconnection
agreement between Qwest Corporation and Time Warner Telecom of Idaho,Case No.USW-T-
00-14,is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Citizens
Communications Company of Idaho and V &V Inc.dba The Local Connection,Case No.CTC-
T-02-2,is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Verizon
Northwest Inc.and KMC Telecom V,Inc.,Case No.VZN-T-02-10,is approved.
THIS IS A FINAL ORDER.Any person interested in this Order (or in issues finally
decided by this Order)or in interlocutoryOrders previouslyissued in these Case Nos.QWE-T-
02-18,QWE-T-02-20,QWE-T-02-22,USW-T-00-14,CTC-T-02-2 and VZN-T-02-10 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 interlocutoryOrders 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.29155 4
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho,this 20
day of November 2002.
PAUL KJELL ER,PRESIDENT
MARSHA H.SMITH,COMMISSIONER
ENNIS S.HAN COMMISSIONER
ATTEST:
Je D.Jewell
Commission Secretary
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ORDER NO.29155 5