HomeMy WebLinkAbout20040113Final Order No 29417.pdfOffice of the Secretary
Service Date
January 13, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND INTERATEL
LLC FOR APPROV AL OF AN AMENDMENT TO A PREVIOUSLY APPROVED
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.C. ~ 252(e).
CASE NO. QWE- T -02-
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND SPRINT
COMMUNICATIONS COMPANY L.P. FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~ 252(e).
CASE NO. QWE-04-
ORDER NO. 29417
In these cases the Commission is asked to approve an amendment to a previously
approved interconnection agreement and a new interconnection agreement.
BACKGROUND
Under the provisions of the 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.
THE CURRENT APPLICATIONS
The amendment to a previously approved interconnection agreement and the new
interconnection agreement are discussed in greater detail below.
Qwest Corporation and InteraTel LLC (Case No. QWE- T -02-In this
Application the parties request that the Commission approve an amendment to an existing
ORDER NO. 29417
interconnection agreement. The amendment adds new rates for Exhibit A in Qwest's Statement
of Generally Available Terms (SGAT).
2. Qwest Corporation and Sprint Communications Company LP. (Case No. QWE-
04-1 ). In this Application, the parties request that the Commission approve an interconnection
agreement. The terms of the agreement are similar to those in other agreements that have been
approved by this Commission.
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 amendment to a
previously approved interconnection agreement and the new 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 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 Staff's
recommendation and on the fact no other person commented on these Applications, the
Commission finds that the amendment to a previously approved interconnection agreement and
the new 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 NO. 29417
ORDER
IT IS HEREBY ORDERED that the amendment to a previously approved
interconnection agreement and the new interconnection agreement discussed above are
approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and InteraTel LLC, Case No. QWE- T -02-, is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest
Corporation and Sprint Communications Company LP., Case No. QWE-04-, 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 Case Nos. QWE- T -02-
and QWE- T -04-1 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.
day of January 2004.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this
PAUL ELL
/3~
HA H. SMITH, COMMISSIONER
ATTEST:j~J
Commission Secretary
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ORDER NO. 29417