20071126final_order_no_30468.pdf

Office of the Secretary
Service Date
November 26, 2007
BEFORE THE IDAHO PUBLIC UTILITIES CO MMISSI 0 N
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND QWEST CASE NO. QWE-04-
COMMUNICATIONS CORPORATION FOR
APPRO V AL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.e. ~
252( e)
IN THE MATTER OF THE APPLICATION
OF CITIZENS TELECOMMUNICATIONS CASE NO. CTC-07-
COMPANY OF IDAHO FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
WITH VERIZON WIRELESS PURSUANT
TO 47 U.e. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND CASE NO. USW-00-
ELECTRIC LIGHTWAVE, INC. FOR
APPROV AL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~ORDER NO. 30468
252(e)
In these consolidated cases the Commission is asked to approve an interconnection
agreement and amendments to interconnection agreements between the parties listed above.
With this Order, the Commission approves these agreements.
BACKGROUND
Under the prOVISIOns of the federal Telecommunications Act of 1996
interconnection agreements, including amendments thereto, 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.S.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 of Section 251(b) or (c).Order No. 28427 at
ORDER NO. 30468
(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 APPLICATIONS
1. Qwest Corporation and Qwest Communications Corporation, Case No. QWE-
04-. In this Application, the parties seek the Commission s approval of an amendment to their
interconnection agreement. The amendment adds terms, conditions and rates for the exchange of
Voice over Internet Protocol (VOIP) traffic. VOIr traffic is defined in Attachment 1 of the
amendment. The parties agreed to the amendment through voluntary negotiations and without
mediation or arbitration.
2. Citizens Telecommunications Company ofldaho and Verizon Wireless, Case No.
CTC- T -07 -In this Application, the parties seek the Commission s approval of their
interconnection agreement. The parties have reached an agreement that includes terms and
conditions for interconnection and traffic exchange for cellular and other two-way mobile radio
servIces.The parties reached their agreement through voluntary negotiations and without
mediation or arbitration.
3. Qwest Corporation and Electric Lightwave, Inc., Case No. USW-00-21.In this
Application, the parties seek the Commission approval of an amendment to their
interconnection agreement. The Company s filing states that the amendment would provide for
the inclusion of the Performance Assurance Plan (PAP) and Performance Indicator Definitions
(PIDs) contained in Qwest's Statement of Generally Available Terms and Conditions (SGAT).
The riDs and PAP provide terms and conditions for wholesale agreements between Qwest, the
incumbent local exchange carrier (ILEC), and competitive local exchange carriers (CLEC),
while providing meaningful and significant incentives to ensure Qwest provides service to its
competitors at parity with the service it provides to itself. The parties agreed to the amendment
through voluntary negotiations and without mediation or arbitration.
STAFF RECOMMENDATION
The Staff reviewed the Applications and did not find any terms or conditions that it
considered to be discriminatory or contrary to the public interest. Staff believes that the
agreement and amendments are consistent with the pro-competitive policies of this Commission
ORDER NO. 30468
the Idaho Legislature, and the federal Telecommunications Act. Accordingly, Staff
recommended that the Commission approve the aforementioned Applications.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 U.C. 9
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 Staff s 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 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 amendment to the interconnection agreement
between Qwest Corporation and Qwest Communications Corporation, Case No. QWE-04-
is approved.
IT IS FURTHER ORDERED that the interconnection agreement between Citizens
Telecommunications Company of Idaho and Verizon Wireless, Case No. CTC-07-, is
approved.
IT IS FURTHER ORDERED that the amendment to the interconnection agreement
between Qwest Corporation and Electric Lightwave, Inc., Case No. USW-00-, 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 9961-
626 and 62-619.
ORDER NO. 30468
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ..;2~ rfI..
day of November 2007.
MARSHA H. SMITH, COMMISSIONER
ATTEST:~ill~
D. Jewell
mission Secretary
O:QWE- T-04-23 - CTC- T-07-05 - USW -00-- np
ORDER NO. 30468