20110207final_order_no_32174.pdf

Office of the Secretary
Service Date
February 7 2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
MATRIX TELECOM, INc. PURSUANT TO 47
C. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
TRANS NATIONAL COMMUNICATIONS,
INTERNATIONAL, INc. PURSUANT TO 47
C. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
LIGHTYEAR NETWORK SOLUTIONS, LLC
PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
ORBITCOM, INc. PURSUANT TO 47 U.c. ~
252( e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
ACN COMMUNICATION SERVICES, INC.
PURSUANT TO 47 U.c. ~ 252(e)
) CASE NO. QWE-O9-
) CASE NO. QWE-O5-
) CASE NO. QWE-O4-
) CASE NO. QWE-O4-
) CASE NO. QWE-O3-
) ORDER NO. 32174
In these cases, the Commission is asked to approve Amendments to separate
Interconnection Agreements between Qwest Corporation and Matrix Telecom, Inc.; Qwest
Corporation and Trans National Communications, International, Inc.; Qwest Corporation and
Light year Network Solutions, LLC; Qwest Corporation and OrbitCom, Inc.; and Qwest
ORDER NO. 32174
Corporation and ACN Communication Services, Inc. With this Order, the Commission approves
the Amendments to the parties' Interconnection Agreements.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements, including amendments thereto, must be submitted to the Commission for approval.
47 u.S.C. ~ 252(e)(1). The Commission may reject an agreement adopted by negotiations only
if it finds that the agreement: (I) 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 II (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 APPLICATIONS
1. Owest Corporation and Matrix Telecom, Inc., Case No. OWE-09-. On
January 25, 20 II , the Commission received Qwest's Application requesting authority to amend
its Interconnection Agreement with Matrix. The parties' original Agreement was approved by
the Commission on August 17 2009. See Order No. 30880. The Amended Agreement provides
for the adoption of the Qwest Local Services Platform (QLSP) Agreement. The QLSP acts as an
interconnection agreement between the parties and sets out rates, terms and conditions for the
companies to interconnect their services. Both parties requested an expeditious approval process
and maintained that the Amended Agreement was reached through voluntary negotiations.
2. Owest Corporation and Trans National Communications, International, Inc., Case
No. OWE-05-On January 19, 2011 , the Commission received Qwest's Application
requesting authority to amend its Interconnection Agreement with Trans National. The parties
original Agreement was approved by the Commission on May 5 , 2005. See Order No. 29776.
The Amended Agreement provides for the adoption of the Qwest Local Services Platform
(QLSP) Agreement. The QLSP acts as an interconnection agreement between the parties and
sets out rates, terms and conditions for the companies to interconnect their services. Both parties
ORDER NO. 32174
requested an expeditious approval process and maintained that the Amended Agreement was
reached through voluntary negotiations.
3. Owest Corporation and Light year Network Solutions, LLC, Case No. OWE-04-
1.2. On January 25 2011 , the Commission received Qwest's Application requesting authority to
amend its Interconnection Agreement with Light year. The parties' original Agreement was
approved by the Commission on August 2, 2004. See Order No. 29559. The Amended
Agreement provides for the adoption of the Qwest Local Services Platform (QLSP) Agreement.
The QLSP acts as an interconnection agreement between the parties and sets out rates, terms and
conditions for the companies to interconnect their services. Both parties requested an
expeditious approval process and maintained that the Amended Agreement was reached through
voluntary negotiations.
4. Owest Corporation and OrbitCom, Inc., Case No. OWE-04-. On January 25
2011 , the Commission received Qwest's Application requesting authority to amend its
Interconnection Agreement with OrbitCom. The parties' original Agreement was approved by
the Commission on July 8, 2004. See Order No. 29544. The Amended Agreement provides for
the adoption of the Qwest Local Services Platform (QLSP) Agreement. The QLSP acts as
interconnection agreement between the parties and sets out rates, terms and conditions for the
companies to interconnect their services. Both parties requested an expeditious approval process
and maintained that the Amended Agreement was reached through voluntary negotiations.
5. Owest Corporation and CAN Communication Services, Inc., Case No. OWE-
03-. On January 19, 2011 , the Commission received Qwest's Application requesting authority
to amend its Interconnection Agreement with ACN.The parties' original Agreement was
approved by the Commission on November 17, 2003. See Order No. 29380. The Amended
Agreement provides for the adoption of the Qwest Local Services Platform (QLSP) Agreement.
The QLSP acts as an interconnection agreement between the parties and sets out rates, terms and
conditions for the companies to interconnect their services. Both parties requested an
expeditious approval process and maintained that the Amended Agreement was reached through
voluntary negotiations.
ST AFF RECOMMENDATION
Staff reviewed the foregoing Applications and did not find any terms or conditions
that it considers to be discriminatory or contrary to the public interest. Staff believes that the
ORDER NO. 32174
Amendments to the Interconnection Agreements are consistent with the pro-competitive policies
of this Commission, the Idaho Legislature, and the federal Telecommunications Act.
Accordingly, Staff recommended that the Commission approve the proposed Amendments to the
parties' Interconnection Agreements.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 U.C. ~
252(e)(1). However, the Commission s review is limited. 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. !d.
Based upon our review of the Applications and the Staff s recommendations, the
Commission finds that the Amendments to the Agreements are consistent with the public
interest, convenience and necessity and do not discriminate. Therefore, the Commission finds
that the Amendments, reviewed by Staff and more fully described above, should be approved.
Approval of the Agreements do not negate the responsibility of either party 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 Amendment to the Interconnection Agreement
between Qwest Corporation and Matrix Telecom, Inc., Case No. QWE-09-, is approved.
IT IS FURTHER ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation and Trans National Communications, International, Inc., Case No.
QWE-05-, is approved.
IT IS FURTHER ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation and Light year Network Solutions, LLC, Case No. QWE-04-, is
approved.
IT IS FURTHER ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation and OrbitCom , Inc., Case No. QWE-04-, is approved.
ORDER NO. 32174
IT IS FURTHER ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation and ACN Communication Services, 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) 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
?-r.
day of February 2011.
D. KEMPTO , P IDENT
iThQ.tJ
MARSHA H. SMITH, COMMISSIONER
MACK A. REDFORD, OMMISSIONER
ATTEST:
O:QWE-09-13 - QWE-05-09 - QWE-04-19 - QWE-04-13 - QWE- T-03-
ORDER NO. 32174