20070628final_order_no_30355.pdf

Office of the Secretary
Service Date
June 28 , 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND COMTEL CASE NO. QWE-02-
TELCOM ASSETS LP DBA V ARTEC
TELECOM 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 COMTEL CASE NO. QWE-02-
TELCOM ASSETS LP DBA EXCEL
TELECOMMUNICATIONS 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 QWEST CORPORATION AND CASE NO. QWE-04-
LIGHTYEAR NETWORK SOLUTIONS, LLC
FOR APPROVAL OF AN AMENDMENT TO
A WIRELINE INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~
252( e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND TIME CASE NO. QWE-04-
WARNER TELECOM OF IDAHO 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 QWEST CORPORATION FOR CASE NO. QWE-07-
APPROVAL OF AN INTERCONNECTION
AGREEMENT WITH PURECOM LLC ORDER NO. 30355
PURSUANT TO 47 U.c. ~ 252(e)
ORDER NO. 30355
In these cases the Commission is asked to approve amendments to existing and
previously approved Interconnection Agreements as well as a new Interconnection Agreement.
With this Order the Commission approves the Agreements.
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)(l). 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 US.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
of the agreement do not comply with the requirements of (Part 51 )." 47 c.F.R. ~ 51.
THE CURRENT APPLICATIONS
1. Qwest Corporation and Comtel Telcom Assets LP dba Vartec Telcom (Case No.
QWE-02-0l)In this Application, the parties seek the Commission s approval of an
amendment to their existing interconnection agreement incorporating certain payment terms
recited in the Stipulation and Order approved by the United States Bankruptcy Court for the
Northern District of Texas, Dallas Division, Case No. 04-81694-HDH-ll. The parties' existing
agreement was approved by the Commission on August 22, 2002.
2. Qwest Corporation and Comtel Telcom Assets LP dba Excel Telecommunications
(Case No. QWE-02-12). In this Application, the parties seek the Commission s approval of an
amendment adding the same payment terms proposed in QWE-02-01 to their existing
interconnection agreement. The parties ' existing agreement was approved by the Commission
on August 22 , 2002.
3. Qwest Corporation and Light year Network Solutions LLC (Case No. QWE-04-
12), In this Application, the parties seek the Commission s approval of an amendment
incorporating the Triennial Review Order and Triennial Review Remand Order (TRO/TRRO) to
ORDER NO. 30355
their existing interconnection agreement. The parties' existing agreement was approved by the
Commission on August 2, 2004.
4. Qwest Corporation and Time Warner Telcom of Idaho LLC (Case No. QWE-
04-20). In this Application, the parties seek the Commission s approval of an amendment adding
terms , conditions and rates for DC Power Measurement to their existing interconnection
agreement. The parties ' existing agreement was approved by the Commission on August 2
2004.
5. Qwest Corporation and Purecom LLC (Case No. QWE-07-04).In this
Application, the parties seek the Commission s approval of an agreement between the parties to
include certain terms and conditions regarding prICIng, ancillary servIces and
telecommunications services available for resale within a defined geographical area in which
both parties are currently providing local exchange service at the same time, with Qwest acting
as the incumbent local exchange carrier within the State of Idaho.
ST AFF RECOMMENDATION
The 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 these
Agreements are consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act. Accordingly, Staff recommended that the
Commission approve the foregoing Agreements.
CO MMISSI ON D ECISI 0 N
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 U.C. ~
252(e)(l). 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 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. 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
ORDER NO. 30355
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 Comtel Telcom Assets LP dba Vartec Telcom, Case No. QWE-02-, is
approved.
IT IS FURTHER ORDERED that the amended interconnection agreement of Qwest
Corporation and Comtel Telcom Assets LP dba Excel Telecommunications, Case No. QWE-
02-, is approved.
IT IS FURTHER ORDERED that the amended interconnection agreement of Qwest
Corporation and Lightyear Network Solutions LLC, Case No. QWE-04-, is approved.
IT IS FURTHER ORDERED that the amended interconnection agreement of Qwest
Corporation and Time Warner Telcom ofIdaho LLC , Case No. QWE-04-, is approved.
IT IS FURTHER ORDERED that the interconnection agreement of Qwest
Corporation and Pure com LLC, Case No. QWE-07-, 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 ~~ 61-
626 and 62-619.
ORDER NO. 30355
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this Jrfl..
day of June 2007.
MARSHA H. SMITH, COMMISSIONER
MACK A. REDFORD , CO ISSIONER
ATTEST:
/l
fj h1
D. Jewell i
Co'ri1mission Secretary
O:QWE- T -02-- QWE- T -02-12 - QWE- T -04-19 - QWE- T-04-20 - QWE- T -07-
ORDER NO. 30355