20040519Final Order No 29501.pdf

Office of the Secretary
Service Date
May 19 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND TIME CASE NO. USW-00-
WARNER TELECOM OF IDAHO, LLC FOR
APPROV AL 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 MCIMETRO CASE NO. QWE- T -02-
WORLDCOM NETWORK SERVICE, INC. FOR
APPROV AL 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 COMTECH21 CASE NO. QWE-04-
LLC FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT PURSUANT ORDER NO. 29501
TO 47 U.C. ~ 252(e).
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 V.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 V.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.
ORDER NO. 29501
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. Qwest Corporation and Time Warner Telecom of Idaho. LLC (Case No. USW-
00-14). In this Application the parties request that the Commission approve an amendment to an
existing interconnection agreement. The amendment adds terms and conditions regarding
promotions for collocation sites.
2. Qwest Corporation and MCImetro WorldCom Network Service. Inc. (Case No.
QWE- T -02-22). This case involves two separate amendments. In the first, the parties add terms
regarding Business Escalation Agreements. In the second, the parties add terms regarding Qwest
DSL provided with UNE-
3. Qwest Corporation and Comtech21 LLC (Case No. QWE-04-07). In this case
the parties request that the Commission approve an interconnection agreement. The terms are
similar to those already approved by this Commission and commonly known as Qwest's Third
Revision of its SGAT.
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 V.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, the Staff
recommendation and on the fact no other person commented on these Applications, the
Commission finds that the new agreement and amendments to previously approved
ORDER NO. 29501
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 the new agreement 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 the interconnection agreement
between Qwest Corporation and Time Warner Telecom of Idaho LLC, Case No. USW-00-
is approved.
IT IS FURTHER ORDERED that the amendments to the interconnection agreement
between MCImetro WorldCom Network Service, Inc., Case No. QWE-02-, are approved.
IT IS FURTHER ORDERED that the new interconnection agreement between Qwest
Corporation and Comtech21 , LLC, Case No. QWE- T -04- 7, 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. USW-
00-, QWE-02-22 and QWE-04-7 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. 29501
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this q f/-.
day of May 2004.
SHA H. SMITH, COMMISSIONER
ATTEST:
D. Jewell
ission Secretary
0: USWTOO 14- QWET0222 - QWET0407
ORDER NO. 29501