20050824final order no 29850.pdf

Office of the Secretary
Service Date
August 24, 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION CASE NO. QWE- T -04-
AND NORTHST AR TELECOM, INC. FOR
APPROV AL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~
252( e)
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION CASE NO. QWE-05-
AND VYCERA COMMUNICATIONS, INC.
FOR APPROVAL OF AN AMENDMENT TO
AN EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~
252( e)
IN THE MATTER OF THE JOINT
APPLICATION OF QWEST CORPORATION CASE NO. QWE-04-
AND 1-800 RECONEX, INC. DBA USTEL
FOR APPROVAL OF AN AMENDMENT TO
AN EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~ORDER NO. 29850
252( e)
In these cases the Commission is asked to approve Amendments to existing and
previously approved Interconnection Agreements. With this Order the Commission approves the
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
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
ORDER NO. 29850
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 APPLICATIONS
1. Owest Corporation and NorthStar Telecom, Inc. (Case No. OWE- T -04-26). The
original Agreement was approved by the Commission on December 29, 2004. In this filing the
companies agree to incorporate the Triennial Review Order (TRO) and the Triennial Review
Remand Order (TRRO) into the Interconnection Agreement between the parties. To the extent
applicable, the Agreement will eliminate certain Unbundled Network Elements (UNEs) or add
terms and conditions for certain UNEs as set forth in Attachment 1 and Exhibit A of the
Amendment.
2. Owest Corporation and Vycera Communications, Inc. (Case No. OWE-05-
The original Agreement was approved by the Commission on May 5, 2005. In this filing the
companies agree to amend Exhibit A of the Agreement by adding the rates for Directory
Assistance and Toll and Assistance Operator Services as set forth in the amended Exhibit A.
3. Owest Corporation and 1-800-Reconex, Inc. dba USTel (Case No. OWE-04-
12). The original Agreement was approved by the Commission on June 22 , 2004. In this filing
the companies agree to incorporate the TRO and TRRO into the Interconnection Agreement
between the parties. To the extent applicable, the Agreement will eliminate certain UNEs or add
terms and conditions for certain UNEs as set forth in Attachment 1 and Exhibit A of the
Amendment.
STAFF RECOMMENDATION
The Staff has reviewed the Applications and does not find any terms or conditions to
be discriminatory or contrary to the public interest. Staff believes that these Agreements are
consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the
federal Telecommunications Act. Accordingly, Staff recommended Commission approval of the
Amendments.
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
ORDER NO. 29850
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 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 amended Interconnection Agreement of Qwest
Corporation and NorthStar Telecom, Inc., Case No. QWE-04-, is approved.
IT IS FURTHER ORDERED that the amended Interconnection Agreement of Qwest
Corporation and Vycera Communications, Inc., Case No. QWE-05-, is approved.
IT IS FURTHER ORDERED that the amended Interconnection Agreement of Qwest
Corporation and 1-800-Reconex, Inc. dba US Tel, 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
~ ~
61-
626 and 62-619.
ORDER NO. 29850
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this J. L/-fI..
day of August 2005.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
Je . D. Jewell
Co . mission Secretary
O:QWE- T-04-- QWE-05-- QWE-04-
ORDER NO. 29850