20070727final_order_no_30395.pdf

Office of the Secretary
Service Date
July 27,2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION
AND QWEST COMMUNICATIONS
CORPORATION FOR APPROVAL OF
AMENDMENTS TO THEIR EXISTING
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.e. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF ALBION TELEPHONE COMPANY, INe.
FOR APPROVAL OF AN
INTERCONNECTION AGREEMENT WITH
NTCH-IDAHO, INe. D/B/A CLEAR TALK
PURSUANT TO 47 U.C. ~ 252(e)
CASE NO. QWE-04-
CASE NO. ALB-07-
ORDER NO. 30395
In these cases the Commission is asked to approve a new Interconnection Agreement
as well as amendments to an existing and previously approved Interconnection Agreement. With
this Order, the Commission approves the new Agreement and the amendments to the existing
Agreement.
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)(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 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.R. ~ 51.3.
ORDER NO. 30395
THE CURRENT APPLICATIONS
1. Qwest Corporation and Qwest Communications Corporation (Case No. QWE-
04-23). In this Application, the parties seek the Commission s approval of certain amendments
to their existing interconnection agreement which was approved by the Commission on October
, 2004. The amendments were agreed upon through voluntary negotiations and add terms
conditions and rates for Collocation Available Inventory, as set forth in Exhibit A of the parties
Joint Application.
2. Albion Telephone Company, Inc. and NTCH-Idaho, Inc. d/b/a Clear Talk (Case
No. ALB-07-03)In this Application, the parties seek the Commission s approval of a
negotiated agreement establishing the traffic subject to reciprocal compensation between the
Commercial Mobile Radio Service ("CMRS") network of Clear Talk and the local exchange
carrier ("LEC") network of Albion as it relates to the exchange of Section 25 I (b)(5) traffic for
two-way mobile service and as defined in 47 U.C. ~ 153(27).
STAFF 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, Title 62 of the
Idaho Code, and the federal Telecommunications Act. Accordingly, Staff recommended that the
Commission approve the foregoing Agreements.
MMISSION DECISION
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)(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 riot 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 Staff s recommendation, the
Commission finds that the Qwest amendments and the Albion-Clear Talk Agreement are
consistent with the public interest, convenience and necessity and do not discriminate.
Therefore, the Commission finds that the amendments and the Agreement should be approved.
Approval of these Applications does not negate the responsibility of either of the parties to these
ORDER NO. 30395
Agreements to obtain a Title 62 Certificate of Public Convenience and Necessity (pursuant to
Commission Order No. 26665) 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
IT IS HEREBY ORDERED that the amended interconnection agreement of Qwest
Corporation and Qwest Communications Corporation, Case No. QWE-04-, is approved.
IT IS FURTHER ORDERED that the interconnection agreement of Albion
Telephone Company, Inc. and NTCH-Idaho, Inc. d/b/a Clear Talk, Case No. ALB-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.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;21
day of July 2007.
:7
PAUL KJEL A
Commissioner Smith Out of the Office
MARSHA H. SMITH, COMMISSIONER
ATTEST:
O:QWE- T-04-23 - ALB- T -07-03 - np
ORDER NO. 30395