20040802Final Order No 29559.pdf

Office of the Secretary
Service Date
August 2, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND IDT
AMERICA, CORP. FOR APPROVAL OF THE ADOPTION OF THE SPRINT
COMMUNICATIONS COMPANY AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND LIGHTYEAR
NETWORK SOLUTIONS, LLC FOR APPROVAL
OF THE ADOPTION OF THE SGA
AGREEMENT PURSUANT TO 47 U.C. ~ 252(e).
IN THE MATTER OF THE JOINT APPLICATION
OF QWEST CORPORATION AND TIME
WARNER TELECOM OF IDAHO LLC FOR
APPROVAL OF AMENDMENTS TO AN
EXISTING INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e).
CASE NO. QWE- T -04-
CASE NO. QWE-04-
CASE NO. QWE- T -04-
ORDER NO. 29559
In these cases the Commission is asked to approve new interconnection agreements
and amendments to previously approved 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. ~ 252(e)(I). 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 recently 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 provisions of Section 251 (b)
or (c)." Order No. 28427 at 11 (emphasis original). This is consistent 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. 29559
THE CURRENT APPLICATIONS
Applications were filed for approval of two new interconnection agreements and
amendments to an existing interconnection agreement, as identified below.
1. Qwest Corporation and IDT America, Corp. (Case No. QWE-04-18). In this
Application the parties request that the Commission approve an interconnection agreement. IDT
adopts the terms and conditions of the Sprint Communications Company interconnection
agreement.
2. Qwest Corporation and Light year Network Solutions, LLC (Case No. QWE- T -04-
19). This Application is for an interconnection agreement adopting the terms of Qwest's SGAT
(Statement of Generally Available Terms) and Exhibits A through M.
3. Qwest Corporation and Time Warner Telecom of Idaho LLC (Case No. QWE-
04-20)This is an amendment to an existing interconnection agreement adding terms and
conditions for single point of presence, collocation decommission, and collocation available
inventory.
ST AFF RECOMMENDATION
The Staff reviewed these Applications and did not find any terms and conditions to be
discriminatory or contrary to the public interest. Staff believes that the new agreements and
amendments to an existing interconnection agreement are consistent with the pro-competitive
policies of this Commission, the Idaho Legislature, and the federal Telecommunications Act.
Accordingly, Staff recommended the Commission approve all three applications.
COMMISSION DECISION
Based upon our review of the Applications, the Staff s recommendation and the fact
no other person or entity commented on the Applications, the Commission finds that the new
agreements and amendments to a previously approved interconnection agreement are consistent
with the public interest, convenience and necessity and do not discriminate against other carriers.
Therefore, the Commission finds that these Applications should be approved. Approval of the
new agreements and amendments to a previously approved agreement does not negate the
responsibility of any of the parties to these agreements to obtain a Certificate of Public
Convenience and Necessity if they are offering local exchange services or from complying 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 NO. 29559
ORDER
IT IS HEREBY ORDERED that the new interconnection agreement between Qwest
Corporation and IDT America, Corp., Case No. QWE-04-, is approved.
IT IS FURTHER ORDERED that the new interconnection agreement between Qwest
Corporation and Light year Network Solutions, LLC, Case No. QWE-04-, is approved.
IT IS HEREBY ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and Time Warner Telecom of Idaho LLC, Case No. QWE- T -04-
is approved.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) or in interlocutory Orders previously issued in these Case Nos. QWE-
04-, QWE-04-, and QWE-04-20 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 or in
interlocutory Orders previously issued in these cases. 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.
ORDER NO. 29559
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;;;l \\. d
day of August 2004.
f/. &:Jv
MARSHA H. SMITH, COMMISSIONER
Out of the Office on This Date
DENNIS S. HANSEN, COMMISSIONER
ATTEST:
~~1
Commission Secretary
bls/0:QWET0418- QWET0419 - QWET0420 intrcntcs
ORDER NO. 29559