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Home My WebLink About20041123Final Order No 29640.pdfOffice 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 XO IDAHO, INC. FOR APPROVAL OF A WIRELINE INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~ 252(e). IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND RWF COMMUNICATIONS, LLC DBA TELE- WAVES FOR APPROVAL OF THE ADOPTION OF THE ARCH WIRELESS HOLDINGS, INC. FKA ARCH PAGING, INC. AND MOBILE COMMUNICATIONS CORPORATION OF AMERICA, INC. INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~ 252(e). IN THE MATTER OF THE JOINT APPLICATION OF QWEST CORPORATION AND BULLSEYE TELECOM, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~ 252(e). IN THE MATTER OF THE JOINT APPLICATION OF VERIZON NORTHWEST INC. AND SOUTHWESTERN BELL COMMUNICATIONS, INC. FOR APPROVAL OF THE ADOPTION OF THE GRANITE AND VERIZON NORTHWEST INC INTERCONNECTION AGREEMENT PURSUANT TO 47 U.C. ~ 252(e). CASE NO. QWE- T -02- CASE NO. QWE-04- CASE NO. QWE-04- CASE NO. VZN-04- ) ORDER NO. 29640 In these cases the Commission is asked to approve a new interconnection agreement and to approve the amendment and adoption of existing interconnection agreements. BACKGROUND Under the provisions 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 ORDER NO. 29640 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 25l(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. ~ 51.3. THE CURRENT APPLICATIONS 1. Qwest Corporation and XO Idaho. Inc. (Case No. QWE- T -02-This is an amendment to an existing agreement adding terms for a Special Request Process. 2. Qwest Corporation and RWF Communications. LLC dba Tele-waves (Case No. QWE- T -04-27).. This is an Application for Tele- Waves to adopt the existing interconnection agreement between Qwest and Arch Wireless Holdings, Inc.which was approved by the Commission in Order No. 28499. 3. Qwest Corporation and Bullseye Telecom. Inc. (Case No. QWE-04-30). This Application seeks approval of a new interconnection agreement based upon Qwest Statement of Generally Available Terms (SGA T). 4. Verizon Northwest Inc. and Southwestern Bell Communications. Inc. (Case No. VZN- T -04-101. This Application seeks approval of a new interconnection agreement in which Southwestern Bell adopts the terms of the agreement between Granite and Verizon previously approved by this Commission in Order No. 29433. ST AFF RECOMMENDATION The Staff has reviewed the Applications and did not find any terms or conditions that it considers to be discriminatory or contrary to the public interest. Staff believes that these Agreements and Amendments are consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff believes that these Agreements and Amendments merit the Commission approval. ORDER NO. 29640 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 Staff 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 IT IS HEREBY ORDERED that the amendment of the interconnection agreement between Qwest Corporation and XO Idaho, Inc., Case No. QWE- T -02-, is approved. IT IS FURTHER ORDERED that the agreement of Qwest Corporation and RWF Communications, LLC, dba Tele- Waves to adopt the Arch Holdings, Inc. interconnection agreement, Case No. QWE- T -04-, is approved. IT IS FURTHER ORDERED that the interconnection agreement between Qwest Corporation and Bullseye Telecom, Inc., Case No QWE-04-, is approved. IT IS FURTHER ORDERED that the agreement of Verizon Northwest Inc. and Southwestern Bell Communications, Inc. to adopt the interconnection agreement between Granite and Verizon Northwest Inc., Case No. VZN-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 ~ ~ 61- 626 and 62-619. ORDER NO. 29640 DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;23 ....Jl day of November 2004. PAUL KJELL ATTEST: O:QWET0202 - QWET0427 - QWET043 0 - VZNT041 0- dw ORDER NO. 29640