20050420Final Order No 29758.pdf

Office of the Secretary
Service Date
April 20, 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION
AND AARDISSERVICES FOR APPROVAL
OF AN AMENDMENT TO AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e)
CASE NO. QWE-O4-
ORDER NO. 29758
In this case the Commission is asked to approve the amendment of an
interconnection agreement between Qwest Corporation and aardisServices. With this Order the
Commission approves the 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 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 CURRENT APPLICATION
The Application states that the Agreement between the parties was reached through
voluntary negotiations without resort to mediation or arbitration. The Agreement amends the
parties' current agreement to eliminate UNE- P and implement Batch Hot Cut process.
ST AFF RECOMMENDATION
Staff has reviewed the Application and does not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest.Staff believes that the
Application is consistent with the pro-competitive policies of this Commission, the Idaho
ORDER NO. 29758
Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff recommended
Commission approval of the Agreement.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 U.C. ~ 252(e)(1). The Commission s review is
limited, however. The Commission may reject an agreement adopted by negotiation only ifit
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 Application and the Staff
recommendation, the Commission finds that the Agreement is consistent with the public interest
convenience and necessity and does not discriminate. Therefore, the Commission finds that the
Agreement should be approved. However, approval of this Agreement does not negate the
responsibility of either of the parties to this Agreement 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 a previously approved
interconnection agreement between Qwest Corporation and aardisServices, Case No. QWE- T-
04-, 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 ~ 61-
626.
ORDER NO. 29758
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this c2.c) fA
day of April 2005.
, COMMISSIONER
ATTEST:
J ~ D. Jewell
Commission Secretary
0: QWET0405
ORDER NO. 29758