20081112final_order_no_30675.pdf

Office of the Secretary
Service Date
November 12 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND SPRINT CASE NO. QWE-04-
COMMUNICATIONS FOR APPROVAL OF
AN AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND LEVEL 3 CASE NO. QWE-02-
COMMUNICATIONS, LLC FOR APPROVAL
OF AN AMENDMENT TO A PREVIOUSLY
APPROVED INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~
252( e).
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. USW-97-
APPROVAL OF AMENDMENTS TO ITS
INTERCONNECTION AGREEMENT WITH
VERIZO N WIRELESS F fKf A US WEST NEW
VECTOR GROUP, INC. PURSUANT TO 47
c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. USW-97-
APPROVAL OF AMENDMENTS TO ITS
INTERCONNECTION AGREEMENT WITH
VERIZON WIRELESS FfKfA US WEST NEW
VECTOR GROUP, INc. PURSUANT TO 47 ORDER NO. 30675
c. ~ 252(e)
In this case the Commission is asked to approve various amendments to existing
interconnection agreements between Qwest Corporation and Sprint Communications Company,
LP.; Level 3 Communications, LLC; and Verizon Wireless f/k/a US West New Vector Group,
Inc. With this Order, the Commission approves the amendments to their 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.
ORDER NO. 30675
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 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 11 (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. Qwest Corporation and Sprint Communications Company, LP., Case No. QWE-
T -04-. On October 17, 2008, Qwest filed an Application to amend the parties ' Interconnection
Agreement that was initially approved by the Commission on January 13 , 2004. Order No.
29417. The current Application states that the parties seek the Commission s approval to
incorporate Voice over Internet Protocol (VoiP) services into the parties' Interconnection
Agreement. The Application also includes Attachment 1 , which sets out definitions
interconnection terms, and exchange service arrangements for ISP - Bound and VoiP traffic.
Finally, the parties state that they are jointly filing and that this amendment was reached through
voluntary negotiations and without resorting to mediation.
2. Qwest Corporation and Level 3 Communications, LLC, Case No. QWE-02-
On October 24, 2008, Qwest filed an Application to amend the parties' Interconnection
Agreement that was initially approved by the Commission in May 2002. Order No. 29033. In
this Application, the parties request that the Commission approve an amendment to incorporate
the Triennial Review Order (TRO) and the Triennial Review Remand Order (TRRO) to the
parties' existing Interconnection Agreement.
3. Qwest Corporation and Verizon Wireless, LLC f/k/a US West New Vector
Group, Inc., Case Nos. USW-97-11 and USW-97-. On October 24, 2008, Qwest
submitted two Applications seeking Commission approval to amend their existing
Interconnection Agreements with Verizon Wireless. Both agreements were approved by the
Commission on August 11 , 1997. Order No. 26994. In each of these Interconnection
ORDER NO. 30675
Agreements, both parties seek to amend the agreements in order to incorporate the Verizon
Wireless consolidation, the Triennial Review Order and the Bill and Keep arrangement between
Qwest and Verizon Wireless.
STAFF RECOMMENDATION
The Staff has reviewed the Applications and does not find any terms or conditions
that it considers to be discriminatory or contrary to the public interest. Staff believes that the
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 foregoing 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 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 and the Staffs recommendation, the
Commission finds that the amendments to the interconnection agreements are consistent with the
public interest, convenience and necessity and do not discriminate. Therefore, the Commission
finds that the amendments to the Agreements should be approved.Approval of these
amendments does 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 Sprint Communications Company, LP., Case No. QWE-04-
, is approved.
ORDER NO. 30675
IT IS FURTHER ORDERED that the amendment to the Interconnection Agreement
between Qwest Corporation and Level 3 Communications, LLC, Case No. QWE-02-, is
approved.
IT IS FURTHER ORDERED that the Amendments to the Interconnection
Agreements between Qwest Corporation and Verizon Wireless f/k/a US West New Vector
Group, Inc., Case Nos. USW-97-11 and USW-97-, are 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
/~rl..
day of November 2008.
MACK A. REDFO
~5-4
MARSHA H. SMITH, COMMISSIONER
~iI_~~J
-- D. - MPTON,
. -
ISSIONER
ATTEST:
Jea . JewellCo ission Secretary
O:QWE-02-04-USW-97-97-
ORDER NO. 30675