20070731final_order_no_30397.pdf

Office of the Secretary
Service Date
July 31, 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION
AND COVIST A, INe. FOR APPROVAL OF
AN AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.e. ~ 252(e)
CASE NO. QWE-04-
ORDER NO. 30397
In this case the Commission is asked to approve an amendment to an existing and
previously approved Interconnection Agreement. With this Order, the Commission approves the
amendment to the existing 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 U.C. 9 252(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. 9 252(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. 951.3.
THE CURRENT APPLICATION
In this Joint Application, the parties seek the Commission s approval of an
amendment to their interconnection agreement, approved by the Commission on July 8, 2004.
See Order No. 29544. With this filing, the original agreement is amended to incorporate the
Triennial Review Order (TRO) and the Triennial Review Remand Order (TRRO).
ORDER NO. 30397
STAFF RECOMMENDATION
The Staff has reviewed the Joint 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 the foregoing amendment.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 U.C. 9
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 Joint Application and the Staffs recommendation, the
Commission finds that the amendment to the parties' 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 Joint Application
does not negate the responsibility of either party 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 99 62-604 and 62-606 if they are providing other non-
basic local telecommunications services as defined by Idaho Code 9 62-603.
ORDER
IT IS HEREBY ORDERED that the amended interconnection agreement of Qwest
Corporation and Covista, Inc., Case No. QWE-04-, 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 99 61-
626 and 62-619.
ORDER NO. 30397
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ,30 f+-
day of July 2007.
ATTEST:
Commission Secretary
O:QWE-04-
ORDER NO. 30397
Commissioner Smith Out of the Office
MARSHA H. SMITH, COMMISSIONER