20050304Final Order No 29724.pdf

Office of the Secretary
Service Date
March 4, 2005
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 AN
AMENDMENT TO AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~ 252~)
IN THE MATTER OF THE JOINT
APPLICATION OF MIDV ALE TELEPHONE
EXCHANGE, INC. AND SPRINT SPECTRUM
P. FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT
PURSUAN TO 47 U.C. ~ 252(e)
CASE NO. QWE- T -02-
CASE NO. MID-05-
ORDER NO. 29724
In these cases the Commission is asked to approve an amendment to an existing
interconnection agreement and to approve an interconnection agreement. With this Order the
Commission approves the Agreement and the Amendment.
BACKGROUND
Under the prOVISIons of the federal Telecommunications Act of 1996
interconnection agreements must be submitted to the Commission for approval. 47 U.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 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. ~ 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 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.
ORDER NO. 29724
THE CURRENT APPLICATIONS
1. Qwest Corporation and MCImetro Access Transmission Services. LLC (Case No.
QWE- T -02-22). In this case, the parties request approval to amend the existing interconnection
agreement approved by the Commission on November 21 , 2002. The amendment adds terms
conditions, and rates for Expedites for Design Services.
2. Midvale Telephone Exchange. Inc. and Sprint Spectrum. L.P. (Case No. MID-
05-1 ). In this case, the parties request the Commission to approve an interconnection agreement.
This agreement outlines the terms and conditions for Traffic Exchange.
STAFF RECOMMENDATION
The Staff has reviewed the Applications and does not find any terms or conditions to
be discriminatory or contrary to the public interest. Staff believes that these Agreements are
consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the
federal Telecommunications Act. Accordingly, Staff recommended Commission approval of the
Amendment and Agreement.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 U.C. ~ 252(e)(I). 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 the Staff
recommendation, the Commission finds that the agreements are consistent with the public
interest, convenience and necessity and do not discriminate. Therefore, the Commission finds
that the agreements should be approved. However, approval of these agreements does not negate
the responsibility of either of the parties 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 ~ ~ 62-604 and 62-606 if they are providing other non-basic local telecommunications
services as defined by Idaho Code ~ 62-603.
ORDER NO. 29724
ORDER
IT IS HEREBY ORDERED that the amended interconnection agreement of Qwest
Corporation and MCImetro Access Transmission Services, LLC , Case No. QWE- T -02-, is
approved.
IT IS FURTHER ORDERED that the interconnection agreement of Midvale
Telephone Exchange, Inc. and Sprint Spectrunl, L., Case No. MID- T -05-, 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
~ ~
61-
626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of March 2005.
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ARSHA H. SMITH, COMMISSIONER
ENNIS S. HANS N, COMMISSIONER
ATTEST:
D. Jewel
ission Secretary
O:QWET0222 - MIDT050 1- dw
ORDER NO. 29724