20060201final_order_no_29968.pdf

Office of the Secretary
Service Date
February 1 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND
METROPOLITAN TELECOMMUNICATIONS
OF IDAHO, INc. FOR APPROVAL OF AN
AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e)
CASE NO. QWE- T -05-
ORDER NO. 29968
In this case, the Commission is asked to approve the amendment to the
Interconnection Agreement between Qwest Corporation ("Qwest" or "Company) and
Metropolitan Telecommunications of Idaho, Inc., approved by the Commission on May 5 2005.
With this Order the Commission approves the amendment of the 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. 9 252(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. 951.3.
THE CURRENT APPLICATIONS
On January 20, 2006, Qwest submitted a request to amend an existing
interconnection agreement with Metropolitan Telecommunications of Idaho, Inc., approved by
the Commission on May 5 , 2005. With this filing, the original agreement is amended to include
Line Splitting.
ORDER NO. 29968
STAFF RECOMMENDATION
Staff has reviewed the Application and does not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest. Staff believes that the
Application is consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staffrecommended
Commission approval of the amendment of the subject Interconnection Agreement.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 US.C. 9252(e)(1). The Commission s review is
limited. 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. !d. Based upon our review of the Application and the Staffs 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 amendment of the
Agreement should be approved. However, approval of this Agreement 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 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 Application of Qwest Corporation for approval
of the amendment of the Metropolitan Telecommunications of Idaho, Inc. Interconnection
Agreement, Case No. QWE-05-, is approved.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order with regard to any
matter decided in this Order. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 9 61-
626.
ORDER NO. 29968
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
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day of February 2006.
ATTEST:
€it!' ~
Je D. Jewell
ission Sec etary
O:QWE-05-
ORDER NO. 29968
PAUL KJELLAN ER, PRESIDENT
iL.
MARSHA H. SMITH, COMMISSIONER