20100128final_order_no_30991.pdf

Office of the Secretary
Service Date
January 28 2010
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
BANDWIDTH.COM CLEC, LLC PURSUANT
TO 47 U.C. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
SPRINT SPECTRUM LP PURSUANT TO
c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND SPRINT
COMMUNICATIONS FOR APPROVAL OF
AN AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.c. ~ 252(e)
CASE NO. QWE-02-
CASE NO. QWE-04-
CASE NO. QWE-08-
ORDER NO. 30991
In these cases, the Commission is asked to approve amendments to existing and
previously approved Interconnection Agreements. With this Order the Commission approves the
amendments to the 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 U.C. 9 252(e)(I). 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. 9 252(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
ORDER NO. 30991
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. 9 51.3.
THE APPLICATIONS
1. Qwest Corporation and Sprint Spectrum L.P. (Case No. QWE-02-21).
January 15 , 2010, Qwest submitted an Application seeking Commission approval of an
amendment to its Interconnection Agreement with Sprint. The parties' original Agreement was
previously approved by the Commission on November 27, 2002. See Order No. 29163. The
proposed amendment includes certain terms and conditions to accommodate Sprint's wireless
service provisions for routing unqueried 8XXX traffic. The Application states that the parties
agreed to the amendment through voluntary negotiations.
2. Qwest Corporation and Sprint Communications Company L.P. (Case No. QWE-
04-0l). On January 15 2010, Qwest submitted an Application seeking Commission approval
of an amendment to its Interconnection Agreement with Sprint Communications. The parties
original Agreement was approved by the Commission on January 13 , 2004. See Order No.
29417. The proposed amendment adds terms and conditions to permit 8XX Third Party Carriers
to route calls between the ILEC, Sprint Communications and Commercial Mobile Radio Service
(CMRS) providers. The Application states that the parties agreed to the amendment through
voluntary negotiations.
3. Qwest Corporation and Bandwidth.com CLEC, LLC (Case No. QWE-08-0l)
On January 15, 2010, Qwest submitted an Application seeking Commission approval of an
amendment to its Interconnection Agreement with Bandwidth.com. The parties' original
Agreement was approved by the Commission on April 11 , 2004. See Order No. 30527. The
proposed amendment adds terms, conditions and rates for the exchange of Voice over Internet
Protocol ("VoIP") traffic. The Application states that the parties agreed to the amendment
through voluntary negotiations.
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 proposed
amendments are consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act. Accordingly, Staff recommended that the
ORDER NO. 30991
Commission approve the foregoing amendments to the previously approved Interconnection
Agreements.
COMMISSION DECISION
Under the terms of the Telecommunications Act, Interconnection Agreements
including Amendments thereto , must be submitted to the Commission for approval. 47 U.C. 9
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 and Staff s recommendation, the
Commission finds that the amendments to the Interconnection Agreements described herein are
consistent with the public interest, convenience and necessity and do not discriminate.
Therefore, the Commission finds that the amendments should be approved. Approval of these
amendments 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 99 62-604 and 62-606 if they are providing other non-basic local
telecommunications services as defined by Idaho Code 9 62-603.
ORDER
IT IS HEREBY ORDERED that the amendment to the Interconnection Agreement
between Qwest Corporation and Sprint Spectrum L.P., Case No. QWE-02-, is approved.
IT IS FURTHER ORDERED that the amendment to the Interconnection Agreement
between Qwest Corporation and Sprint Communications Company L.P., Case No. QWE-04-
, is approved.
IT IS FURTHER ORDERED that the amendment to the Interconnection Agreement
between Qwest Corporation and Bandwidth.com CLEC, LLC, Case No. QWE-08-, 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 9961-
626 and 62-619.
ORDER NO. 30991
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;Z
~J+o
day of January 2010.
D. KEMPT IDENT
MARSHA H. SMITH, COMMISSIONER
~FO
ATTEST:
~~.
D. Jewell
Commission Secretary
O:QWE- T-O2-- QWE-T -04-- QWE-08-0 1- np
ORDER NO. 30991