20041123Final Order No 29641.pdf

Office of the Secretary
Service Date
November 23 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION
AND RCC HOLDINGS, INC. FOR APPROVAL
OF THE ADOPTION OF THE T -MOBILE USA
INC. fka VOICE STREAM WIRELESS
CORPORATION INTERCONNECTION
AGREEMENT FOR THE STATE OF IDAHO
PURSUANT TO 47 U.C. ~252(e)
CASE NO. QWE-O4-
ORDER NO. 29641
In this case the Commission is asked to approve the adoption of an existing
interconnection agreement.
BACKGROUND
Under the prOVISIons of the federal Telecommunications Act of 1996
interconnection agreements 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.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 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. 9 51.
THE CURRENT APPLI CA TI
Qwest and RCC Holdings, Inc. filed a Joint Application on October 27, 2004
seeking approval to adopt the T-Mobile USA, Inc. fka VoiceStream Wireless Corporation
interconnection agreement which was approved by the Commission by Order No. 29595.
STAFF RECOMMENDATION
The Staff has reviewed the Application and did not find any terms or conditions to be
discriminatory or contrary to the public interest. Staff believes that this Agreement is consistent
with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal
ORDER NO. 29641
Telecommunications Act of 1996. Accordingly, Staff believes that this Agreement merits 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. 9252(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 Application and the Staff
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 the parties to this 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 9 62-603.
ORDER
IT IS HEREBY ORDERED that the agreement of Qwest Corporation and RCC
Holdings, Inc. to adopt the T-Mobile USA Inc. interconnection agreement, 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) 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 99 61-
626 and 62-619.
ORDER NO. 29641
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this .;J..3..,f(..
day of November 2004.
SHA H. SMITH, COMMISSIONER
ATTEST:
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V1-- -U.
J ap D. Jewell
Commission Secretary
O:QWET0428
ORDER NO. 29641