20060126final_order_no_29963.pdf

Office of the Secretary
Service Date
January 26, 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION
AND TALK AMERICA, INc. FOR APPROVAL
OF THE ADOPTION OF THE SGAT
AGREEMENT FOR THE STATE OF IDAHO
PURSUANT TO 47 U.C ~ 252(e).
CASE NO. QWE-O4-
ORDER NO. 29963
In this case, the Idaho Public Utilities Commission (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 Agreement.
BACKGROUND
Under the prOVISIOns of the federal Telecommunications Act of 1996
interconnection agreements must be submitted to the Commission for approval. 47 US.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 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. 951.3.
THE CURRENT APPLICATION
On November 22, 2005 , Qwest submitted a request to amend an existing
interconnection agreement with Talk America Inc. approved by the Commission on September
, 2004. With this filing, the amendment incorporates the Triennial Review Order (TRO) and
Triennial Review Remand Order (TRRO).
ST AFF RECOMMENDATION
Staff has reviewed the 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
Application is consistent with the recent orders by the Federal Communications Commission and
ORDER NO. 29963
the pro-competitive policies of this Commission, the Idaho Legislature, and the federal
Telecommunications Act of 1996. Accordingly, Staff recommended Commission approval of
the amendment to the Agreement.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 U.C. 9252(e)(1). The Commission s review is
limited. 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 Application and the Staffs 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 the 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
962-603.
ORDER
IT IS HEREBY ORDERED that the amended Interconnection Agreement of Qwest
Corporation and Talk America Inc., Case No. QWE- T -04-, is approved.
THIS IS A FINAL ORDER. Any person interested in this Order 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. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 9 61-
626.
ORDER NO. 29963
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
~(,
day of January 2006.
L KJE L DER, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
ATTEST:
0: QWE-04-
ORDER NO. 29963