20050111Final Order No 29684.pdf

Office of the Secretary
Service Date
January 11 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION
AND TIME WARNER TELECOM OF IDAHO
LLC FOR APPROV AL OF AN AMENDMENTTO AN EXISTING WIRELINE
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. 252
CASE NO. QWE-O4-
ORDER NO. 29684
The Commission is asked in this case to approve an amendment to an existing
interconnection agreement between Qwest Corporation and Time Warner Telecom of Idaho
LLC. In this Order the Commission approves the Application.
BACKGROUND
Under the prOVISIons of the federal Telecommunications Act of 1996
interconnection agreements 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. 9252(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
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. 9 51.3.
THE CURRENT APPLI CA TI 0 N
The Joint Application for Approval of Amendment to the Interconnection Agreement
between Qwest and Time Warner was filed on December 16, 2004. The amendment provides
for limited time, promotional rates for Available Inventory Collocations on Available Inventory
Sites. The promotional rates are to expire on March 31 , 2005.
ORDER NO. 29684
STAFF RECOMMENDATION
The Staff has reviewed the Application and did not find any terms or conditions to be
discriminatory or contrary to the public interest. Staff believes that the amendment is consistent
with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal
Telecommunications Act of 1996. Accordingly, Staff believes that the Application for
Amendment merits 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. 9252(e)(I). 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. 9 51.3.
Based upon our review of the Application and the Staff s recommendation, the
Commission finds that the agreement is 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 this agreement does not negate the responsibility of either of
the parties to this agreement to obtain a Certificate of Public Convenience and Necessity 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 between
Qwest Corporation and Time Warner Telecom LLC, Case No. QWE- T -04-, 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
ORDER NO. 29684
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 99 61-
626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
/ t+-
day of January 2005.
G\a~~
MARSHA H. SMITH, COMMISSIONER
ATTEST:
O:QWET0420
ORDER NO. 29684