20040903Final Order No 29580.pdf

Office of the Secretary
Service Date
September 3, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION
AND MCIMETRO ACCESS TRANSMISSION
SERVICES LLC FOR APPROVAL OF A
WIRELINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~
252( e ).
CASE NO. QWE- T -02-
ORDER NO. 29580
In this case MCImetro Transmission Services LLC and Qwest Corporation ask the
Commission to approve an amendment to a previously approved interconnection agreement
between the parties. In this Order the Commission approves the Application.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements 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. 9252(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 "
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. 9 51.3.
THE CURRENT APPLICATION
The joint Application by Qwest and MCImetro seeks approval to amend the existing
interconnection agreement approved by the Commission on November 21 , 2002. The
amendment adds terms and conditions that are included in a Master Service Agreement filed by
both Qwest and MCImetro during August 2004.
ORDER NO. 29580
STAFF RECOMMENDATION
The Staff has reviewed the Application and did not find any terms and conditions to
be discriminatory or contrary to the public interest. Staff believes that this amendment to a
previously approved interconnection agreement is consistent with the pro-competitive policies of
this Commission, the Idaho Legislature, and the federal Telecommunications Act. Accordingly,
Staff believes that the Application merits 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.C. 9252(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 Application, and the Staffs
recommendation, the Commission finds that the amendment is consistent with the public interest
convenience and necessity and does not discriminate. Therefore, the Commission finds that this
Application should be approved. However, approval of this amendment does not negate the
responsibility of either of the parties to this agreement 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 MCImetro, Case No. QWE- T -02-, as discussed above, is
approved. Terms of the agreement that are not already in effect shall be effective as of the date
of this Order.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) issued in this Case No. QWE- T -02-22 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 issued in this Case No. QWE- T -02-22. Within seven (7) days after any person has
petitioned for reconsideration, any other person may cross-petition for reconsideration. See
Idaho Code 99 61-626 and 62-619.
ORDER NO. 29580
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;/..Ad
day of September 2004.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~D.Je D. Jewell
Commission Secretary
O:QWET0222
ORDER NO. 29580