20041202Final Order No 29649.pdf

Office of the Secretary
Service Date
December 2, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION CASE NO. QWE- T -04-
AND LIGHTYEAR NETWORK SOLUTIONS,
LLC FOR APPROVAL OF AN AMENDMENT
TO A WIRE LINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~
252( e)
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION CASE NO. QWE-03-
AND CONTACT COMMUNICATIONS, INC.
FOR APPROVAL OF AN AMENDMENT TO A
WIRE LINE INTERCONNECTION ORDER NO. 29649
AGREEMENT PURSUANT TO 47 U.C. ~
252( e)
In these cases the Commission is asked to approve amendments to existing
interconnection agreements.
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.
THE CURRENT APPLI CA TI 0 NS
1. Owest Corporation and Light year Network Solutions. LLC (Case No. OWE- T -04-
19). In this Application Qwest and Light year have agreed to amend the terms, conditions, and
ORDER NO. 29649
rates for Qwest Digital Subscriber Line (DSL), with discount, provided with Unbundled Network
Element Platform (UNE- P).
2. Owest Corporation and Contact Communications. Inc. (I;ase No. OWE- T -03-
In this agreement Contact and Qwest agreed to amend the terms, conditions, and rates for
Commercial Line-Sharing.
STAFF RECOMMENDATION
The Staff has reviewed the Applications and did 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 of 1996. Accordingly, Staff believes that these Agreements
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 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
IT IS HEREBY ORDERED that the amended interconnection agreement of Qwest
Corporation and Light year Network Solutions, LLC, Case No. QWE-04-, is approved.
IT IS FURTHER ORDERED that the amended interconnection agreement of Qwest
Corporation and Contact Communications, Inc., Case No. QWE- T -03-, is approved.
ORDER NO. 29649
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 I ~r
day of December 2004.
Out of the Office on this Date
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~e~l
((j~
Commission Secretary
O:QWET0419 - QWET0303 - dw
ORDER NO. 29649