20030611Final Order No 29263.pdf

Office of the Secretary
Service Date
June 11 2003
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND NEW EDGENETWORKS FOR APPROVAL OF
AN AMENDMENT TO A PREVIOUSLY
APPROVED INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e).
CASE NO. QWE- T -02-
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND ILOKA, INc.
FOR APPROVAL OF AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~ 252(e).
CASE NO. QWE-03-
ORDER NO. 29263
In these cases the Commission is asked to approve an amendment to a previously
approved interconnection agreement and a new interconnection agreement.
BACKGROUND
Under the provisions ofthe federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.C. 9252(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.C. 9252(e)(2)(A). As the Commission recently 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 provisions with Section
251(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 agreement
adopted by negotiation even if the terms of the agreement do not comply with the requirements
of (Part 51)." 47 C.R. 951.3.
THE CURRENT APPLICATIONS
The Commission has been asked to approve one interconnection agreement and one
amendment to an interconnection agreement. The items are discussed in greater detail below.
1. Qwest Corporation and New Edge Networks (Case No. QWE-O2-20).In this
Application, the parties request that the Commission approve an amendment to an existing
ORDER NO. 29263
interconnection agreement. This amendment replaces rates for all elements of the existing
interconnection agreement.
Qwest Corporation and iLOKA, Inc. (Case No. QWE- T -03-12).In this
Application, the parties request that the Commission approve an interconnection agreement. The
terms, rates, and conditions are similar to other interconnection agreements approved by this
Commission. (Qwest, Idaho SGAT).
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 the
interconnection agreements and the 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 US.C. 9 252 (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 telecommunication 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 Staffs
recommendation and the fact that no other person commented on these Applications, the
Commission finds that the above interconnection agreements and 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 agreements and amendments to agreements
does not negate the companies' responsibility to obtain a Certificate of Public Convenience and
Necessity if they are offering local exchange services or from complying with Idaho Code 99 62-
604 and 62-606 if they are providing other non-basic local exchange telecommunications
services as defined by Idaho Code 9 62-603.
ORDER NO. 29263
ORDER
IT IS HEREBY ORDERED that the amendment to the previously approved
interconnection agreement and the new interconnection agreement discussed above are
approved.
IT IS FURTHER ORDERED that the amendment to the previously approved
interconnection agreement between Qwest Corporation and New Edge Networks, Case No.
QWE- T -02-, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest
Corporation and iLOKA, Inc., Case No. QWE-03-, is 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. QWE-
02-20 and QWE-03-12 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 interlocutory
Orders 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
9961-626 and 62-619.
ORDER NO. 29263
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this /Of4-
day of June 2003.
t2tifU--PAUL KJELL ER, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
ISSIONER
ATTEST:
ell
Commission Secretary
O:QWET0220 - QWET0312
ORDER NO. 29263