20031117Final Order No 29380.pdf

Office of the Secretary
Service Date
November 17 2003
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND ACN CASE NO. QWE-03-
COMMUNICATION SERVICES, INc. FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~ 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND MUL TIBAND CASE NO. USW-99-
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 HIGH TECH CASE NO. QWE-03-
TELEPHONES, INc. FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.c. ~ 252(e).ORDER NO. 29380
In these cases the Commission is asked to approve new interconnection agreements
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)(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 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.
ORDER NO. 29380
THE CURRENT APPLICATIONS
The Commission has been asked to approve two new interconnection agreements and
an amendment to an existing interconnection agreement. The new agreements and amendment
are discussed in greater detail below.
1. Qwest Corporation and ACN Communication Services, Inc. (Case No. QWE-03-
26). In this Application, the parties request that the Commission approve an interconnection
agreement. The agreement is referred to as Qwest's Third Revision of a Statement of Generally
Available Terms for interconnection or SGA
2. Qwest Corporation and Multiband Communications, Inc. (Case No. USW-99-30).
In this amendment, terms and conditions are added for certain dark fiber elements.
3. Qwest Corporation and High Tech Telephones (Case No. QWE-03-22).In this
Application, the parties request that the Commission approve a resale 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 amendment to an 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.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 US.C. ~ 252 (e)(1). 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 agreements and 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 new agreements and amendment to a previously
approved agreement does not negate the responsibility of any of the parties to these agreements
ORDER NO. 29380
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 agreements and amendment
to an existing interconnection agreement discussed above are approved.Terms of the
agreements that are not already in effect shall be effective as of the date ofthis Order.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest
Corporation and ACN Communication Services, Inc., Case No. QWE- T -03-, is approved.
IT IS FURTHER ORDERED that the amendment to a previously approved
interconnection agreement between Qwest Corporation and Multiband Communications, Inc.
Case No. USW - T -99-, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest
Corporation and High Tech Telephones, Inc., 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-
03-, USW-99-30 and QWE-22 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. 29380
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho , this /7"'"
day of November 2003.
(jJ~PAUL KJELL ER, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~tDJe D. JewellCo ission Secretary
O:QWETO326 - USWT9930 - QWETO322
ORDER NO. 29380