20030722Final Order No 29293.pdf

Office of the Secretary
Service Date
July 15 2003
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND ELECTRIC
LIGHTWAVE, INc. FOR APPROVAL OF THREE
AMENDMENTS TO A PREVIOUSLY APPROVED
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.c. ~ 252(e).
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION TO TERMINATE A
RESALE AGREEMENT WITH NET -TEL
COMMUNICATIONS CORPORATION.
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION TO TERMINATE A
RESALE AGREEMENT WITH KNIGHT
COMMUNICATIONS, INc.
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND MCIMETRO
ACCESS TRANSMISSION SERVICES LLC FOR
APPROVAL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.c. ~ 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND AT&T
WIRELESS, INc. FOR APPROVAL OF AN
AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.c. ~ 252(e).
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND JOSEPH B.
McNEAL DBA P AGEDA T A FOR APPROV AL OF
AN AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.C. ~ 252(e).
ORDER NO. 29293
) CASE NO. USW-OO-
) CASE NO. USW-98-
) CASE NOS. USW-98-
) CASE NO. QWE-O2-
) CASE NO. USW-97-
) CASE NO. QWE-O3-
) ORDER NO. 29293
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND PACIFIC BELL
WIRELESS NORTHWEST, LLC DBA CINGULAR
WIRELESS FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT AND AN
AMENDMENT TO IT PURSUANT TO 47 U.c. ~
252( e).
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND SPRINT
COMMUNICATIONS COMPANY, L.P. FOR
APPROVAL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e).
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND LIGHTYEAR
COMMUNICATIONS, INC. FOR APROV AL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.c. ~ 252(e).
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND TW WIRELESS
LLC FOR APPROVAL OF AN AMENDMENT TO
AN EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~ 252(e).
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND MCLEODUSA
TELECOMMUNICATIONS SERVICES, INc.
FOR APPROVAL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e).
IN THE MATTER OF THE APPLICATION OF
QWEST AND INTEGRA TELECOM OF IDAHO
INc. FOR APPROVAL OF AN AMENDMENT TO
AN EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~ 252(e).
) CASE NO. QWE-O3-
) CASE NO. SPR-Ol-
) CASE NO. QWE-O3-
) CASE NO. USW-99-
) CASE NO. QWE-OO-
) CASE NO. USW-OO-
In these cases the Commission is asked to approve new interconnection agreements
and amendments to previously approved interconnection agreements.
ORDER NO. 29293
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 US.c. ~ 252(e)(1). The
Commission may reject an agreement adopted by negotiations only if it finds that the agreement:
(1) discriminates against telecommunications carriers not a party to the agreement; or (2)
implementation of the agreement is not consistent with the public interest, convenience and
necessity. 47 US.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 (Part
51)." 47 C.R. ~ 51.3.
THE CURRENT APPLICATIONS
As discussed above the Commission has been asked to approve new interconnection
agreements and amendments to existing interconnection agreements. These items are discussed
in greater detail below.
1. Owest Corporation and Electric Lightwave, Inc. (ELI) (Case No. USW-OO-21).
There are three separate amendments for which these companies are seeking approval. The first
identified as Collocation Available Inventory, adds terms allowing ELI to purchase collocation
equipment and space returned to Qwest by other CLECs who no longer need the facilities, the
second adds terms for a Single Point of Presence, and the third, adds terms for the purchase of
unbundled network element (UNE) combinations.
2. Owest Corporation and Net-tel Communications Corporation (Case No. USW-
98-21).This is an Application to terminate a resale agreement.
3. Owest Corporation and Knight Communications, Inc. (Case No. USW-98-8).
This is an Application to terminate a resale agreement.
4. Owest Corporation and MCImetro Access Transmission Services LLC (Case No.
OWE-O2-22).This Application involves an amendment to an existing wireline
interconnection agreement adding terms for compensation for terminating traffic bound for
Internet Service Provider locations.
ORDER NO. 29293
5. Owest Corporation and AT&T Wireless, Inc. (Case No. USW-97-1O).This is
an Application to approve a collocation amendment to an existing wireless interconnection
agreement.
6. Owest Corporation and Joseph B. McNeal dba Page Data (Case No. OWE-O3-
21 This is an amendment adding Single Point of Presence to a previously approved paging
interconnection agreement.
7. Owest Corporation and Pacific Bell Wireless Northwest, LLC dba Cingular
Wireless (Case No. OWE-O3-13).This is an Application for the approval of the adoption by
Pacific Bell Wireless Northwest, LLC dba Cingular Wireless of the interconnection agreement
between Qwest Corporation and Sprint Spectrum L.P. previously approved by the Commission.
The Application also seeks approval for an amendment of that agreement modifying the terms
for End Office and Tandem Switched Transport.
8. Owest Corporation and Sprint Communications Company, L.P. (Case No. SPR-
O1-1).This Application is for an amendment to an existing interconnection agreement
providing terms for Collocation Available Inventory.
9. Owest Corporation and Light year Communications, Inc. (Case No. OWE-O3-
ill This Application is for a new interconnection agreement. Lightyear adopts, in its entirety,
the agreement between Qwest and Z- Tel, previously approved by this Commission.
10. Owest Corporation and TW Wireless LLC (Case No. USW-99-31).This is an
amendment to an existing Type 2 Wireless Interconnection Agreement containing terms for
compensation for terminating traffic bound for Internet Service Provider locations.
11. Owest Corporation and McLeodUSA Telecommunications Services, Inc. (Case
No. QWE-OO-7).This is an Application for approval of an amendment that indefinitely
extends the bill and keep terms for reciprocal compensation that were previously approved by
this Commission. The previous bill and keep terms had expired.
12. Owest Corporation and Integra Telecom of Idaho, Inc. (Case No. USW-OO-
This is an amendment to an existing agreement providing terms for CLEC to CLEC cross
connections.
ST AFF 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
ORDER NO. 29293
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 US.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 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 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 new agreements and amendments to existing
agreements 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
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 already in effect shall be effective as of the date of this Order.
IT IS FURTHER ORDERED that the three amendments to the previously approved
interconnection agreement between Qwest Corporation and Electric Lightwave, Inc., USW-
00-, are approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest
Corporation and Net-tel Communications Corporation, Case No. USW-98-, is terminated.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest
Corporation and Knight Communications, Inc., Case No. USW-98-, is terminated.
ORDER NO. 29293
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and MCImetro Access Transmission Services LLC, Case No. QWE-
02-, is approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and AT&T Wireless, Inc., Case No. USW-97-, is approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and Joseph McNeal dba PageData, Case No. QWE-03-, is
approved.
IT IS FURTHER ORDERED that the interconnection agreement and amendment to it
between Qwest Corporation and Pacific Bell Wireless Northwest LLC dba Cingular Wireless
Case No. QWE-03-, are approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and Sprint Communications Company, L.P., Case No. SPR-Ol-
is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest
Corporation and Light year Communications, Inc., Case No. QWE- T -03-, is approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and TW Wireless LLC, Case No. USW - T -99-, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest
Corporation and McCleodUSA Telecommunications Services, Inc., QWE- T -00- 7, is approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and Integra Telecom Idaho, Inc., Case No. USW-00-, 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-
00-, USW-98-, USW-98-, QWE-02-, USW-97-, QWE-03-, QWE-03-
, SPR-01-, QWE-03-, USW-99-, QWE-00-7 and USW-00-5 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 ~~ 61-626 and 62-619.
ORDER NO. 29293
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this /5f1o.
day of July 2003.
. UL KJ LL ER, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
ATTEST:
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Commission Secretary
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ORDER NO. 29293