20041210Final Order No 29658.pdf

Office of the Secretary
Service Date
December 10 2004
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION
AND MATRAEX, INC. FOR APPROVAL OF
THE ADOPTION OF THE ORBITCOM
INTERCONNECTION AGREEMENT FOR
THE STATE OF IDAHO PURSUANT TO 47
C. ~252(e)
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION
AND MATRAEX, INC. FOR APPROVAL OF
THE AMENDMENT TO THE ADOPTED
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~252(e)
CASE NO. QWE-04-
CASE NO. QWE- T -04-
ORDER NO. 29658
In this case the parties jointly submitted two Applications: one for approval of the
adoption of an interconnection agreement; and one for the amendment of that adopted
interconnection agreement.The Commission is asked to approve the adoption of, and
amendment to, the interconnection agreement pursuant to 47 U.C. ~ 252(e).
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)(I). 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. ~ 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. ~ 51.3.
ORDER NO. 29658
THE CURRENT APPLICATION
On November 9, 2004 Qwest and Matraex jointly filed both an Application for
approval of the adoption of the OrbitCom interconnection agreement (previously approved by
the Commission in Case No. QWE-04-, Order No. 29544), and an Application for approval
of the amendment of that agreement. In the adoption of the agreement the parties agreed to
simply replace "OrbitCom, Inc." throughout the agreement with "Matraex, Inc.In the
amendment of the agreement the parties agreed to adopt terms and condition regarding the
FCC's Triennial Review Order (TRO) and the D.C. Circuit Court's decision known as USTA II.
Both Applications were jointly filed as negotiated interconnection agreements seeking the
Commission s review and approval pursuant to 47 D.C. ~ 252(e).
ST AFF RECOMMENDATION
The Staff has reviewed the Application for adoption, as well as the Application for
amendment, and did not find any terms or conditions to be discriminatory or contrary to the
public interest. Staff believes that both the Application for adoption and the Application for
amendment are consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the Federal Telecommunications Act of 1996. Accordingly, Staff believes that
both agreements merit the Commission s approval.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 D.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.Additionally, 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); 47 C.R. ~ 51.3.
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. However, approval of these agreements does not negate the responsibility of either
ORDER NO. 29658
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 adoption of the OrbitCom, Inc. interconnection
agreement by Qwest Corporation and Matraex, Inc., Case No. QWE- T -04-, is approved.
IT IS FURTHER ORDERED that the amendment of the interconnection agreement
between Qwest Corporation and Matraex, Inc., Case No. QWE- T -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.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of December 2004.
G2(
PAUL KJELLANDER, PRESIDENT
Commissioner Smith Out of the Office
SHA H. SMITH, COMMISSIONER
ATTEST:
O:QWET0431
ORDER NO. 29658