20060427final_order_no_30025.pdf

Office of the Secretary
Service Date
April 27 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION CASE NO. QWE-04-
AND BRIDGEBAND COMMUNICATIONS,
INC. FOR APPRO V AL OF AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION FOR APPROVAL OF CASE NO. QWE-06-
THE INTERCONNECTION AGREEMENT
FOR THE STATE OF IDAHO PURSUANT TO
47 U.C ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
CITIZENS TELECOMMUNICATIONS CASE NO. CTC-06-
COMPANY OF IDAHO FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT FOR
THE STATE OF IDAHO PURSUANT TO 47 ORDER NO. 30025
C ~ 252(e)
In these matters, the Idaho Public Utilities Commission (Commission) is asked to
approve two newly-negotiated Interconnection Agreements and an amendment to a previously
existing and approved Interconnection Agreement. With this Order the Commission approves
the new Agreements and the amendment to the existing Agreement.
BACKGROUND
Under the provIsIons of the federal Telecommunications Act of 1996
interconnection agreements must be submitted to the Commission for approval. 47 US.C. 9
252(e)(l). 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. 9 252(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
ORDER NO. 30025
agreement adopted by negotiation even if the terms of the agreement do not comply with the
requirements of (Part 51)." 47 c.F.R. 951.3.
THE CURRENT APPLICATIONS
1. Qwest Corporation and BridgeBand Communications. Inc. (Case No. QWE-04-
12. In this filing, the parties request to amend an existing agreement approved by the
Commission on March 31 , 2004. The amendment incorporates the Triennial Review Order
(TRO) and Triennial Review Remand Order (TRRO).
2. Qwest Corporation and Mountainland Communications. Inc. (Case No. QWE-
06- 7). In this case, the parties request Commission approval for an Application for approval of
an interconnection agreement. This agreement includes terms and conditions for one-way,
intraLA T Alintrastate, land-to-pager trunks from Qwest's end users to Mountainland' s
interconnection point.
3. Citizens Telecommunications Company of Idaho and Granite
Telecommunications, LLC (Case No. CTC-06-l).In this Application, the parties request
Commission approval for a local interconnection agreement that includes terms and agreements
ancillary services, resale of local services and pricing.
STAFF RECOMMENDATION
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
Applications are consistent with the recent orders by the Federal Communications Commission
and the pro-competitive policies of this Commission, the Idaho Legislature, and the federal
Telecommunications Act of 1996. Accordingly, Staff recommended Commission approval of
the Applications.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 U.C. 9252(e)(1). 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. Id. Based upon our review of the Applications and the Staffs recommendation, the
Commission finds that the Agreements are consistent with the public interest, convenience and
ORDER NO. 30025
necessity and do not discriminate. Therefore, the Commission finds that the Agreements should
be approved. However, approval of these Agreements does not negate the responsibility of
either of the parties to each Agreement to obtain a Certificate of Public Convenience and
Necessity if they are offering local exchange services or to comply with Idaho Code 99 62-604
and 62-606 if they are providing other non-basic local telecommunications services as defined by
Idaho Code 9 62-603.
ORDER
IT IS HEREBY ORDERED that the amended Interconnection Agreement of Qwest
Corporation and BridgeBand Communications, LLC, Case No. QWE- T -04-, is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement of Qwest
Corporation and Mountainland Communications, Inc., Case No. QWE-06-, is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement of Citizens
Telecommunications Company of Idaho and Granite Telecommunications, LLC, Case No. CTC-
T -06-, is approved.
THIS IS A FINAL ORDER. Any person interested in this Order 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. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 9 61-
626.
ORDER NO. 30025
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 1"'"
day of April 2006.
/---,~~"--
KJELLA ER, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
ATTEST:
tiff fr1Je D. Jewell
ission Secretary
O:CTC- T-06-0 1- QWE- T -04-- QWE- T-06-07 _
ORDER NO. 30025