20050214Final Order No 29710.pdf

Office of the Secretary
Service Date
February 14 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION
AND eACCELERATION CORP. FOR
APPROVAL OF AN INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~ 252(e)
CASE NO. QWE-05-
ORDER NO. 29710
In this case the Commission is asked to approve a new interconnection agreement
between Qwest Corporation and eAcceleration Corp.
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
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.
THE CURRENT APPLICATION
The Application states that Qwest and eAcceleration have mutually agreed, through
voluntary negotiations, to interconnect their networks thereby providing customers with
increased choices among local telecommunications services. The Agreement sets forth the
terms, conditions and pricing under which Qwest will offer and provide to eAcceleration
ancillary services and telecommunications services available for resale within the geographical
areas in which both parties are providing local exchange service.
ORDER NO. 29710
STAFF RECOMMENDATION
Commission Staff has reviewed the Application and did not find any terms or
conditions that it considers to be discriminatory or contrary to the public interest. Staff believes
that the Agreement is consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal 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. ~ 252(e)(I). 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
r~sponsibility of either 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 ~~ 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 interconnection agreement between Qwest
Corporation and eAcceleration Corp., Case No. QWE- T -05-, 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-qne (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. 29710
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this J If-l'"
day of February 2005.
~~
ARSHA H. SMITH, COMMISSIONER
ATTEST:
O:QWET050 1- dw
ORDER NO. 29710