20030417Order No 29222.pdf

Office ofthe Secretary
Service Date
April I?, 2003
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND IDACOMM
INc. FOR APPROVAL OF AN AMENDMENT TO
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e).
CASE NO. QWE-O3-
ORDER NO. 29222
In this case, the Commission has been asked to approve an interconnection agreement
between Qwest Corporation and IDACOMM, Inc.
BACKGROUND
Under the provisions ofthe 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 provisions with 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 ofthe agreement do not comply with the requirements of (Part 51)." 47 C.
~ 51.3.
THE CURRENT APPLICATION
In this Application, the parties request that the Commission approve an
interconnection agreement. IDACOMM, Inc. wishes to adopt in its entirety the terms of the
agreement approved by this Commission between Sprint Communications and Qwest
Corporation (Case No. SPR-Ol-l).
STAFF RECOMMENDATION
The Staff has reviewed this Application and did not find any terms and conditions to
be discriminatory or contrary to the public interest. Staff believes that this interconnection
agreement is consistent with the pro-competitive policies of this Commission, the Idaho
ORDER NO. 29222
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. ~ 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 this Application, Staff s
recommendation and on the fact no other person commented on it, the Commission finds that the
above interconnection agreement between Qwest Corporation and IDACOMM, Inc. is consistent
with the public interest, convenience and necessity and does not discriminate. Therefore, the
Commission finds that this Application should be approved.
ORDER
IT IS HEREBY ORDERED that the interconnection agreement between Qwest
Corporation and IDACOMM, Inc. 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 this Case No. QWE- T -03-
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
this case. 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. 29222
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this
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day of April 2003.
PAU KJELL R, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
ATTEST:
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Commission Secretary
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ORDER NO. 29222