20040206Final Order No 29425.pdf

Office of the Secretary
Service Date
February 6, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND Z-TEL
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 NOS
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 LIGHTYEAR
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 ALL IDAHO
LLC FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT PURSUANT
TO 47 U.C. ~ 252(e).
) CASE NO. QWE- T -01-
) CASE NO. QWE-01-
) CASE NO. QWE-03-
) CASE NO. QWE-04-
) ORDER NO. 29425
In these cases the Commission is asked to approve a new interconnection agreement
and amendments to previously approved interconnection agreements.
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
ORDER NO. 29425
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 two new interconnection agreements and
two amendments to existing interconnection agreements. The new agreements and amendments
are discussed in greater detail below.
1. Owest and Z-Tel Communications Inc. (Case No. QWE-01-12).This
Application is for an amendment to an existing interconnection agreement adding terms for line
splitting in accordance with the FCC's Triennial Review Order.
2. Owest and NOS Communications, Inc. (Case No. QWE-01-19)This
Application is for an amendment to update the rates in Appendix A to include recent changes in
Qwest's SGAT rates.
3. Qwest and Light year Communications, Inc. (Case No. QWE-03-11).This
Application is for an amendment to update the rates in Appendix A to include recent changes in
Qwest's SGAT rates.
4. Qwest and All Idaho LLC (Case No. OWE- T -04-02).This Application is for a
new SGA T 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 the new agreement 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 U.C. ~ 252 (e)(I). 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
ORDER NO. 29425
recommendation and on the fact no other person commented on these Applications , the
Commission finds that the new agreement and 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 new agreements and amendments to previously approved
agreements 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
IT IS HEREBY ORDERED that the new interconnection agreement and amendments
to interconnection agreements discussed above are 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 an interconnection agreement
between Qwest Corporation and Z-Tel Communications, Inc., Case No. QWE-O1-, is
approved.
IT IS FURTHER ORDERED that the amendment to an interconnection agreement
between Qwest Corporation and NOS Communications, Inc., Case No. QWE-O1-, is
approved.
IT IS FURTHER ORDERED that the amendment to an interconnection agreement
between Qwest Corporation and Light year Communications , Inc., Case No. QWE-O3-, is
approved.
IT IS FURTHER ORDERED that the interconnection agreement between Qwest
Corporation and All Idaho LLC, Case No. QWE- T -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 these Case Nos. QWE-
01-, QWE-01-, QWE-O3-11 and QWE-O4-, 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. 29425
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this
(p
fI--
day of February 2004.
cJ~
MARSHA H. SMITH, COMMISSIONER
, COMMISSIONER
ATTEST:
D. Jewell
Commission Secretary
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ORDER NO. 29425