20040914Final Order No 29594.pdf

Office of the Secretary
Service Date
September 14, 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION
AND SOUTHWESTERN BELL
COMMUNICATIONS SERVICES aka SBC
LONG DISTANCE FOR APPROVAL OF THE
ADOPTION OF THE SGA T AGREEMENT
FOR THE STATE OF IDAHO PURSUANT TO
47 U.C. ~ 252(e).
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION
AND TALK AMERICA, INC. FOR APPROV AL
OF THE ADOPTION OF THE SGAT
AGREEMENT FOR THE STATE OF IDAHO
PURSUANT TO 47 U.C..~ 252(e).
CASE NO. QWE- T -04-
CASE NO. QWE- T -04-
ORDER NO. 29594
In this case the Commission is asked to approve two agreements adopting Qwest
Corporation s Statement of Generally Available Terms (SGAT). In this Order the Commission
approves the Joint Applications.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 U.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) ore c).
Order No. 28427 at 11 (emphasis in original). This comports with the FCC's statement that "
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. 29594
THE CURRENT APPLI CA TI ON
In the Applications the parties request that the Commission approve the adoption of
the two following SGA T agreements:
1. Qwest Corporation and Southwestern Bell Services aka SBC Long Distance (Case No.
QWE-04-21). This is a Joint Application for approval of the Agreement to adopt Qwest'
SGAT submitted on August 27 2004.
2. Qwest Corporation and Talk America Inc. (Case No. QWE-04-22). This is a Joint
Application for approval of the Agreement to adopt Qwest's SGAT submitted on August 27
2004.
STAFF RECOMMENDATION
The Staff has reviewed the Applications and did not find any terms or conditions to
be discriminatory or contrary to the public interest. Staff believes that the agreements are
consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the
federal Telecommunications Act. Accordingly, Staff believes that both agreements merit 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. ~ 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 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. However, 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 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 NO. 29594
ORDER
IT IS HEREBY ORDERED that the agreement adopting the SGAT between Qwest
Corporation and Southwestern Bell Services aka SBC Long Distance, Case No. QWE-04-
is approved.
IT IS FURTHER ORDERED that the agreement adopting the SGAT between Qwest
Corporation and Talk America 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) issued in this Case No. QWE- T -04-21 and QWE- T -04-22 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 issued in this Case No. Q WE- T -04- 21 and Q WE- T -04- 22.
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.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /'-1
day of September 2004.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~AJ.
Je nJD. JewellCo ission Secretary
O:QWET0421- QWET0422 - dw
ORDER NO. 29594