20031008Final Order No 29341.pdf

Office of the Secretary
Service Date
October 8, 2003
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND PROJECT CASE NO. QWE-O3-
MUTUAL TELEPHONE COOPERATIVE FOR
APPROV AL OF AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~ 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF VERIZON NORTHWEST, INC. AND MCI CASE NO. VZN-O3-
WORLDCOM COMMUNICATIONS, INc. FOR
APPROVAL OF AN AMENDMENT TO A
PREVIOUSLY APPROVED INTERCONNECTION ORDER NO. 29341
AGREEMENT PURSUANT TO 47 U.C. ~ 252(e).
In these cases the Commission is asked to approve a new interconnection agreement
and an amendment to a previously approved interconnection agreement.
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)(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. ~ 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 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.F.
~ 51.3.
THE CURRENT APPLICATIONS
The new interconnection agreement and the amendment to a previously approved
interconnection agreement are discussed in greater detail below.
ORDER NO. 29341
03-20)
1. Ow est Corporation and Project Mutual Telephone Cooperative (Case No. OWE-
In this Application, the parties request that the Commission approve a resale
interconnection agreement.
2. Verizon Northwest, Inc. and MCI Worldcom Communications, Inc. (Case No.
VZN- T -03-6).In this Amendment, terms and conditions are added regarding collocation.
STAFF 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 the new interconnection
agreement and the amendment to a previously approved interconnection agreement 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.
CO MMISSI ON D ECISI 0 N
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 U.C. ~ 252 (e)(l). 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 Staffs
recommendation and on the fact no other person commented on these Applications, the
Commission finds that the new interconnection agreement and the amendment to a previously
approved interconnection agreement 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 Applications 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 agreement and the
amendment to a previously approved interconnection agreement discussed above are approved.
ORDER NO. 29341
IT IS FURTHER ORDERED that the interconnection agreement between Qwest
Corporation and Project Mutual Telephone Cooperative, Case No. QWE-03-, is approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Verizon Northwest, Inc. and MCI Worldcom Communications, Inc., Case No. VZN-
03-, 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. QWE-
03-20 and VZN-03-6 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.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this 'St+-
day of October 2003.
ARSHA H. SMITH, COMMISSIONER
----...
IS S. HANSEN, COMMISSIONER
ATTEST:
~LD
D. Jewell
Commission Secretary
O:QWETO320- VZNTO306jh
ORDER NO. 29341