20050214Final Order No 29709.pdf

Office of the Secretary
Service Date
February 14 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION
AND 1-800-RECONEX, INC. DBA US TEL
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 ACN COMMUNICATIONS SERVICES,
INC. FOR APPROVAL OF AN
AMENDMENT TO AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~
252( e )
CASE NO. QWE-04-
CASE NO. QWE-03-
ORDER NO. 29709
In these cases the Commission is asked to approve amendments to existing
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. ~
the agreement:
252(e)(1). The Commission may reject an agreement adopted by negotiations only if it finds that
(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 APPLICATIONS
1. Qwest Corporation and 1-800-Reconex, Inc. dba USTel (Case No. QWE-04-
12). In this case, the parties seek approval to amend the existing Interconnection Agreement
ORDER NO. 29709
approved by the Commission on June 22, 2004. The Amendment incorporates the Triennial
Review Order (TRO) and the USTA II Decision.
2. Qwest Corporation and ACN Communications Services. In~.(Case No. QWE- T-
03-26). In this case, the parties seek approval to amend the existing Interconnection Agreement
approved by the Commission on November 17, 2003. The Amendment eliminates Unbundled
Network Element Platform (UNE-P) and incorporates the implementation of Batch Hot Cut-
process and discounts.
STAFF RECOMMENDATION
Commission Staff has reviewed the Applications and did not find any terms or
conditions that it considers to be discriminatory or contrary to the public interest. Staff believes
that the Agreements are consistent with the pro-competitive policies of this Commission, the
Idaho Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff believes
that the Amendments 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)(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 Staff
recommendation, the Commission finds that the agreements are consistent with the public
interest, convenience and 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 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 amended interconnection agreement between
Qwest Corporation and 1-800-Reconex, Inc. dba USTel, Case No. QWE-04-, is approved.
ORDER NO. 29709
rr IS FURTHER OltDJ!RED that the amended interGonnectiou agreement b~tween
Qwest Corporation a11d ACN Communications Services, Inc., Case No. QWE~ r ",03..26, is
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 ~9 61-
626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /'1
fA.
day of February 2005.
~~IDEm .-'
. ..
J&~
MARSHA H. SMITH, COMMISSIONER
ATTEST:
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ORDER NO. 29109