HomeMy WebLinkAbout20060307final_order_no_29985.pdfOffice of the Secretary
Service Date
March 7, 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND
MUL TIBAND COMMUNICATIONS, LLC
FOR APPROVAL OF AN AMENDMENT TO
AN EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~
252( e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND NEW
EDGE NETWORKS, INC. FOR APPROVAL
OF AN AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND
ORBITCOM, INc. FOR APPROVAL OF AN
AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND IDT
AMERICA, CORP. FOR APPROVAL OF AN
AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND SBC
LONG DISTANCE, INC. FKA
SOUTHWESTERN BELL
COMMUNICATIONS SERVICES FOR
APPROVAL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~
252( e)
ORDER NO. 29985
CASE NO. USW-99-
CASE NO. QWE-O2-
) CASE NO. QWE-O4-
) CASE NO. QWE-O4-
) CASE NO. QWE-O4-
) ORDER NO. 29985
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND CASE NO. QWE-O5-
PIPERTEL COMMUNICATIONS, LLC FOR
APPROV AL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~
252( e)
IN THE MATTER OF THE APPLICATION
OF VERIZON NORTHWEST INC. AND CASE NO. VZN-O4-
AIRPEAK COMMUNICATIONS, LLC DBA
NEV ADA WIRELESS FOR APPROVAL OF
AN AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e)
In these cases, the Commission is asked to approve amendments to existing and
previously approved Interconnection Agreements. With this Order the Commission approves the
amendments to Agreements as set forth below.
BACKGROUND
Under the prOVlSlons of the federal Telecommunications Act of 1996
interconnection agreements must be submitted to the Commission for approval. 47 US.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.F.R. ~ 51.3.
THE CURRENT APPLICATIONS
1. Qwest Corporation and Multiband Communications, LLC (Case No. USW-99-
30). This Application seeks approval of the Triennial Review Order and Triennial Review
ORDER NO. 29985
Remand Order (TRO/TRRO) Amendment. This amendment adds terms to implement the
provisions of the FCC's TRO and TRRO decisions. The Commission has previously approved
this amendment in other cases.
2. Qwest Corporation and New Edge Networks, Inc. (Case. No. QWE- T -02-20)
There are two amendments to a previously approved agreement for this case.The first
amendment provides terms for Qwest Digital Subscriber Line (DSL). The second is the Triennial
Review Order and Triennial Review Remand Order (TRO/TRRO) Amendment. This amendment
adds terms to implement the provisions of the FCC's TRO and TRRO decisions. The
Commission has previously approved this amendment in other cases.
3. Qwest Corporation and OrbitCom, Inc. (Case No. QWE-04-13).This
Application seeks approval of an amendment to a previously approved agreement. This
amendment provides terms for Qwest Digital Subscriber Line (DSL).
4. Qwest Corporation and IDT America, Corp. (Case No. QWE-04-18). This
Application seeks approval of the Triennial Review Order and Triennial Review Remand Order
(TRO/TRRO) Amendment. This amendment adds terms to implement the provisions of the
FCC's TRO and TRRO decisions. The Commission has previously approved this amendment in
other cases.
5. Qwest Corporation and SBC Long Distance, Inc. fka Southwestern Bell
Communications Services (Case No. QWE-04-21).This Application seeks approval of the
Triennial Review Order and Triennial Review Remand Order (TRO/TRRO) Amendment. This
amendment adds terms to implement the provisions of the FCC's TRO and TRRO decisions.
The Commission has previously approved this amendment in other cases.
6. Qwest Corporation and PiperTel Communications, LLC (Case No. QWE-05-
This Application seeks approval of the Triennial Review Order and Triennial Review Remand
Order (TRO/TRRO) Amendment. This amendment adds terms to implement the provisions of
the FCC's TRO and TRRO decisions. The Commission has previously approved this
amendment in other cases.
7. Verizon Northwest Inc. and Airpeak Communications, LLC dba Nevada Wireless
(Case. No. VZN-04-4).This is an amendment to an existing agreement providing terms for
wireless 9111E911 services.
ORDER NO. 29985
ST AFF 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 pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff recommended
Commission approval of the amendments to the Agreements.
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. 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
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 of Qwest
Corporation and Multiband Communications, LLC, Case No. USW-99-, is approved.
IT IS FURTHER ORDERED that the amended Interconnection Agreement of Qwest
Corporation and New Edge Networks, Inc., Case No. QWE-02-, is approved.
IT IS FURTHER ORDERED that the amended Interconnection Agreement of Qwest
Corporation and OrbitCom, Inc., Case No. QWE-04-, is approved.
IT IS FURTHER ORDERED that the amended Interconnection Agreement of Qwest
Corporation and IDT America, Corp., Case No. QWE-04-, is approved.
ORDER NO. 29985
IT IS FURTHER ORDERED that the amended Interconnection Agreement of Qwest
Corporation and SBC Long Distance, Inc. fka Southwestern Bell Communications Services
Case No. QWE-04-, is approved.
IT IS FURTHER ORDERED that the amended Interconnection Agreement of Qwest
Corporation and PiperTel Communications, LLC, Case No. QWE-05-, is approved.
IT IS FURTHER ORDERED that the amended Interconnection Agreement of
Verizon Northwest Inc. and Airpeak Communications, LLC dba Nevada Wireless, Case No.
VZN-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.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of March 2006.
, PRESIDENT
ARSHA H. SMITH, COMMISSIONER
~?1~ENNIS S. HANS N, COMMISSIONER
ATTEST:
~~l
Co mission Secretary
O:USW- T-99-30 - QWE- T -02-- QWE- T-04-13 - QWE- T-O4-- QWE- T-OS-06 - VZN- T -04-
ORDER NO. 29985