20071017final_order_no_30454.pdf

Office of the Secretary
Service Date
October 17 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
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)
CASE NO. QWE-04-
ORDER NO. 30454
In this case the Commission is asked to approve an amendment to an existing and
previously approved Interconnection Agreement between Qwest Corporation ("Qwest") and
OrbitCom, Inc. ("OrbitCom ). With this Order, the Commission approves the amendment to the
parties' Interconnection Agreement.
BACKGROUND
Under the provlSlons of the federal Telecommunications Act of 1996
interconnection agreements, including amendments thereto, 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
(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
ofthe agreement do not comply with the requirements of (Part 51)." 47 C.R. ~ 51.3.
THE CURRENT APPLICATION
On July 8, 2004, the Commission approved Qwest and OrbitCom s Joint Application
for approval of an Interconnection Agreement. See Order No. 29544. On September 26, 2007
Qwest submitted an Application to further amend that Agreement. The Application seeks to
amend the parties' original Interconnection Agreement by adding terms and conditions regarding
Single Point of Presence.See Application, Attachment 1. The Application also states that the
ORDER NO. 30454
parties reached an agreement to amend their Interconnection Agreement through voluntary
negotiations and without mediation or arbitration.
STAFF RECOMMENDATION
The 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
amendment is consistent with the pro-competitive policies of this Commission, Title 62 of the
Idaho Code, and the federal Telecommunications Act. Accordingly, Staff recommended that the
Commission approve Qwest's Application for approval of an amendment to the parties ' existing
Interconnection Agreement.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 US.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 Application and the Staff s recommendation, the
Commission finds that Qwest and OrbitCom s proposed amendment to their Interconnection
Agreement is consistent with the public interest, convenience and necessity and does not
discriminate. Therefore, the Commission finds that the amendment should be approved.
Approval of this Application does not negate the responsibility of either of the parties to these
Agreements to obtain a Certificate of Public Convenience and Necessity (pursuant to
Commission Order No. 26665) 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 the Interconnection Agreement
between Qwest Corporation and OrbitCom, Inc. 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
ORDER NO. 30454
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 /7fA.
day of October 2007.
~ J
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~E./t~
ission Secretary
O:QWE- T -04-13 - np
ORDER NO. 30454