20031210Final Order No 29398.pdf

Office of the Secretary
Service Date
December 10, 2003
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND BRIDGEBAND
COMMUNICATIONS, INc. FOR APPROVAL OF
AN AMENDMENT TO AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~ 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND ICG TELECOM
GROUP, INc. FOR APPROVAL OF AN
AMENDMENT TO AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~ 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND CENTEL
COMMUNICATIONS, INc. FOR APPROVAL OF
AN AMENDMENT TO AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~ 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND COV
COMMUNICATIONS, INC. FOR APPROVAL OF
AN AMENDMENT TO AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~ 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND CONTACT
COMMUNICATIONS, INC. FOR APPROVAL OF
AN AMENDMENT TO AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~ 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND NEVADA
WIRELESS LLC FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.c. ~ 252(e).
) CASE NO. QWE-01-
) CASE NO. QWE-02-
) CASE NO. QWE-02-
) CASE NO. USW-99-
) CASE NO. QWE-03-
) CASE NO. QWE- T -03-
) ORDER NO. 29398
In these cases the Commission is asked to approve amendments to previously
approved interconnection agreements and a new interconnection agreement.
ORDER NO. 29398
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 US.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 US.C. ~ 252(e)(2)(A). As the Commission recently 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.R. ~ 51.3.
THE CURRENT APPLICATIONS
The Commission has been asked to approve five amendments to existing
interconnection agreements. The amendments are discussed in greater detail below.
1. Qwest Corporation and BridgeBand Communications, Inc. (Case No. QWE-01-
In this Amendment Application, the parties request that the Commission approve an
amendment to an existing interconnection agreement. The amendment adds new rates for Exhibit
A in Qwest's Statement of Generally Available Terms (SGAT).
2. Qwest Corporation and ICG Telecom Group, Inc. (Case No. QWE- T -02-3).In this
Amendment Application, the parties request that the Commission approve an amendment to an
existing interconnection agreement. The amendment adds new rates for Exhibit A in Qwest'
Statement of Generally Available Terms (SGAT).
3. Qwest Corporation and Centel Communications, Inc. (Case No. QWE-02-9).
this Amendment Application, the parties request that the Commission approve an amendment to an
existing interconnection agreement. The amendment adds new rates for Exhibit A in Qwest'
Statement of Generally Available Terms (SGA T).
4. Qwest Corporation and Covad Communications Company (Case No. USW-99-3).
In this Amendment Application, the parties request that the Commission approve an amendment to
ORDER NO. 29398
an existing interconnection agreement. The amendment adds new rates for Exhibit A in Qwest's
Statement of Generally Available Terms (SGA T).
5. Qwest Corporation and Contact Communications, Inc. (Case No. QWE-03-3).
this Amendment Application, the parties request that the Commission approve an amendment to an
existing interconnection agreement. The amendment adds new rates for Exhibit A in Qwest's
Statement of Generally Available Terms (SGA T).
6. Qwest Corporation and Nevada Wireless LLC (Case No. QWE-03-21).In this
Application, the parties request that the Commission approve a Type 2 wireless interconnection
agreement.
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 these new agreements
and amendments to interconnection agreements 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.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 US.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 telecommunication 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 amendments to previously approved interconnection agreements 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 amendments 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 NO. 29398
ORDER
IT IS HEREBY ORDERED that the new interconnection agreement and amendments
to interconnection agreements discussed above be approved. Terms of the agreements that are
not already in effect shall be effective as of the date of this Order.
IT IS FURTHER ORDERED that the amendment to a previously approved
interconnection agreement between Qwest Corporation and BridgeBand Communications, Inc.
Case No. QWE-01-, is approved.
IT IS FURTHER ORDERED that the amendment to a previously approved
interconnection agreement between Qwest Corporation and ICG Telecom Group, Inc., Case No.
QWE-02-, is approved.
IT IS FURTHER ORDERED that the amendment to a previously approved
interconnection agreement between Qwest Corporation and Centel Communications, Inc., Case
No. QWE-02-, is approved.
IT IS FURTHER ORDERED that the amendment to a previously approved
interconnection agreement between Qwest Corporation and Covad Communications Company,
Case No. USW-99-, is approved.
IT IS FURTHER ORDERED that the amendment to a previously approved
interconnection agreement between Qwest Corporation and Contact Communications, Inc., Case
No. QWE-03-, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest
Corporation and Nevada Wireless LLC, Case No. QWE-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-
01-, QWE-02-, QWE-02-, USW-99-, QWE-03-, and QWE-03-21 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.
ORDER NO. 29398
DONE byOrder of the Idaho Public Utilities Commission at Boise, Idaho, this to rk
day of December 2003.
~ J~~~
MARSHA H. SMITH, COMMISSIONER
ATTEST:
O:QWETO126- QWETO203 - QWETO209 - USWT9903 - QWETO303 - QWETO321
ORDER NO. 29398