20050128Final Order No 29700.pdf

Office of the Secretary
Service Date
January 27 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION
AND ORBITCOM, INC. FOR APPROVAL OF
AN AMENDMENT TO AN EXISTING
WIRELINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~ 252( e ).
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION
AND CONTACT COMMUNICATIONS, INC.
FOR APPROVAL OF AN AMENDMENT TO
AN EXIS TIN G WIRELINE
INTERCONNECTION AGREEMENT
PURSUANT OT 47 U.C. ~ 252(e)
CASE NO. QWE-04-
CASE NO. QWE-03-
ORDER NO. 29700
The Commission is asked in these cases to approve amendments to existing
interconnection agreements. In this Order the Commission approves the Applications.
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.
ORDER NO. 29700
THE CURRENT APPLICATIONS
1. Qwest and OrbitCom, Case No. QWE-04-13.In this filing the companies agree
to eliminate the Unbundled Network Element Platform (UNE-P) and to implement Batch Hot
Cut Process with discounts.
2. Qwest and Contact Communications, Case No. QWE-03-This Application
and Agreement between the companies provides for limited time, promotional rates for
Available Inventory Collocations on Available Inventory Sites, which are identified on Qwest'
web site. This promotion is set to expire on March 31 , 2005.
STAFF RECOMMENDATION
Staff has reviewed the Applications and did not find any terms or conditions to be
discriminatory or contrary to the public interest.Staff believes that the amendments 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.Additionally, 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
(emphasis in original); 47 C.R. ~ 51.3.
Based upon our review of the Applications and the Staff s recommendation, the
Commission finds that the agreements are 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 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
ORDER NO. 29700
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 OrbitCom, Inc., Case No. QWE-04-, as discussed above, is
approved.
IT IS FURTHER ORDERED that the amended interconnection agreement between
Qwest Corporation and Contact Communications, Inc., Case No. QWE- T -03-, as discussed
above, 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 ~~ 61-
626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;;l f?""
day of January 2005.
PAUL KJELLANDER, PRESIDENT
~J 6rr;~MARSHA H. SMITH, COMMISSIONER
IS S. HANSEN, COMMISSIONER
ATTEST:
mission Secretary
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ORDER NO. 29700