20021127final_order_no_29163.pdf

..Offce of the Secret
Service Date
November 27, 2002
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND AT&T
COMMUNICATIONS OF THE MOUNTAIN
STATES, INC. FOR APPROVAL OF AN
AMENDMENT TO AN INERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND SPRINT
SPECTRUM LP FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.S.C. § 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF VERIZON NORTHWEST INC. AND PACIFIC
BELL WIRELESS NORTHWEST, LLC DBA
CINGULAR WIRELESS FOR APPROVAL OF AN
AMENDMENT TO AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.S.C. § 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF VERIZON NORTHWST INC. AND CELL CO
PARTNERSHIP, VERIZON WIRELESS, IDAHO
RSA NO.1 LIMITED PARTNERSHIP, BOISE CITY
MSA LIMITED PARTNERSIDP, CELLULAR, INC.
FINANCIAL CORPORATION, COMMET
CELLULAR LICENSE HOLDING LLC,
COMMNET CELLULAR, INC., IDAHO 6-CLARK
LIMITED PARTNERSHIP DBA VERIZON
WIRELESS FOR APPROVAL OF TWO
AMENDMENTS TO AN INTERCONNCTION
AGREEMENT PURSUANT TO 47 U.S.c. § 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND THE LOCAL
CONNECTION FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.S.C. § 252(e).
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) CASE NO. USW-T-96-15) ATT-T-96-2
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) CASE NO. QWE-T-02-21
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) CASE NO. VZN-T-02-7
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) CASE NO. GTE-T-97-13
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) CASE NO. QWE-T-02-19
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) ORDER NO. 29163
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In these cases the Commission is asked to approve new interconnection agreements
and amendments to previously approved interconnection agreements.
ORDER NO. 29163 1
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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 carer not a pary 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 voluntarily entering into interconnection agreements "may negotiate terms, prices and
conditions that do not comply with either the FCC rules or with the provisions of 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 (Par
51)." 47 C.F.R. § 51.3.
THE CURNT APPLICATIONS
The Commission has been asked to approve new interconnection agreements and
amendments to existing interconnection agreements. These matters are discussed in greater
detail below.
1. Owest and AT&T Communications of the Mountain States, Inc. (Cáše Nos.
USW-T-96-15 and ATT-T-96-2). This is an amendment to an existing wireline interconnection
agreement that adds terms for unbundled network element combinations.
2. Owest and Sprint Spectrum LP (Case No. OWE-T-02-21). This Application
involves a new Type 2 wireless agreement.
3. Verizon Northwest and Pacific Bell Wireless Northwest, LLC dba Cingular
Wireless (Case No. VZN-T-02-7). This Application is for an amendment to an existing
agreement that provides terms for 911 and E91 1 services.
4. Verizon Northwest, Inc. and Cellco Partership, Verizon Wireless LLC, Idaho
RSA No. 1 Limited Partership, Boise City MSA Limited Partership, Cellular, Inc. Financial
Comoration, CommNet Cellular License Holding LLC, Commet Cellular, Inc., Idaho 6-Clark
Limited Partership dba Verizon Wireless. (Case No. GTE-T-97-13). There are two
Applications involving this case number, both for an amendment to the original agreement
between GTE Northwest and U S WEST Newvector Group, Inc. Through a series of mergers
ORDER NO. 29163 2
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and other transactions Verizon Wireless is the dba successor to each of the other entities
involved with this agreement with Verizon Northwest. Amendment NO.1 provides terms for
911 and E911 services. Amendment NO.2 includes provisions for reciprocal compensation in
accordance with the Federal Communications Commission's Order, (FCC 01-131).
5. Qwest and The Local Connection (Case No. OWE-T-02-19). This is a new
resale interconnection agreement. It includes terms and conditions similar to previously
approved agreements.
STAFF ANALYSIS AND RECOMMNDATION
Staff reviewed these Applications and did not find any terms and conditions that it
considers to be discriminatory or contrary to the public interest. The terms and conditions of
each agreement and amendment are similar to those contained in previously approved
amendments or agreements. Staff believes that the agreements and amendments are consistent
with the pro-competitive policies of this Commission, the Idaho Legislatue, and the federal
Telecommunications Act. Accordingly, Staff believes that the agreements and amendments to
previously approved interconnection agreements merit the Commission's approval.
COMMSSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 U.S.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 telecommunications carier not a part 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 on the fact no other person commented on these Applications, the
Commission finds that the new 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. Finally, approval of these new interconnection 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. 29163 3
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ORDER
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 ~lready 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 AT&T Communications of the Mountain States, Inc., Case No.
USW-T-96-15 and ATT-T-96-2, is approved.
IT is FURTHER ORDERED that the interconnection agreement between Qwest
Corporation and Sprint Spectru LP, Case No. QWE;.T-02-21, is approved.
IT is FURTHER ORDERED that the amendment to the interconnection agreement
between¡ Verizon Northwest Inc. and Pacific Bell Wireless Northwest, LLC dba Cingular
Wireless, Case No. VZN-T-02-7, is approved.
IT is FURTHER ORDERED that the two amendments to an interconnection
agreemeint between Verizon Northwest Inc. and Cellco Parnership, Verizon Wireless LLC,
Idaho RSA No. 1 Limited Parnership, Boise City MSA Limited Parnership, Cellular, Inc.
Financial Corporation, CommNet Cellular License Holding LLC, CommNet Cellular, Inc., Idaho
6-Clark timited Parnership dba Verizon Wireless, Case No. GTE-T-97-13, are approved.
IT is FURTHER ORDERED that the interconnection agreement between Qwest
Corporation and the Local Connection, Case No. QWE-T-02-19, 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. USW-T-
96-15, ATT-T-96-2, QWE-T-02-21, VZN-T-02-7, GTE-T-97-13 and QWE-T-02-19 may
petition Jor 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 rray cross-petition for reconsideration. See Idaho Code §§ 61-626 and 62-619.
ORDER NO. 29163 4
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DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this J. 7-f
day of November 2002.
ATTEST:
~tO.~,J
J IîJeweï
Commission Secretary
P~~NT=-~
~J~
MASHA H. SMITH, COMMISSIONER
~U'i'~~ ,CMiSSIONER
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ORDER NO. 29163 5