20050401Final Order No 29746.pdf

Office of the Secretary
Service Date
April 1, 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF PRIME TIME VENTURES,
LLC'S ADOPTION OF THE COVIST A INC.
AGREEMENT (APPROVED BY ORDER NO.
29544) AND FOR THE AMENDMENT OF
THE AGREEMENT, PURSUANT TO 47
C. ~ 252(e)
CASE NO. QWE-O5-
ORDER NO. 29746
In this case the Commission is asked to approve an Interconnection Agreement
between Qwest and Prime Time Ventures, LLC. The Agreement consists of the adoption of the
Covista, Inc. Interconnection Agreement (approved by the Commission in Order No. 29544) as
well as two amendments to that agreement. With this Order the Commission approves the
Agreement and amendments.
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 for approval of the Agreement between Qwest and Prime Time
Ventures, LLC was filed on March 22, 2005. The Application seeks approval of the adoption of
the existing Covista, Inc. Interconnection Agreement approved by the Commission on July 8
ORDER NO. 29746
2004. The parties also executed and submitted two amendments to their Agreement. One
amendment deals with elimination of UNE-P and implementation of Batch Hot Cut Process.
The other amendment deals with the TRO and USTA II decision.
ST AFF RECOMMENDATION
The Staff has reviewed the Application and does not find any terms or conditions 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, as well as recent FCC orders. Accordingly, Staff recommends
Commission approval of the Agreement and 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
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 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
responsibility 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 and amendments of
Qwest Corporation and Prime Time Ventures, LLC, Case No. QWE-05-, are 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. 29746
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 3'
S't
day of March 2005.
ATTEST:
Je D. Jewell Co ission Secretary
O:QWET0508 - dw
ORDER NO. 29746
MARSHA H. SMITH, COMMISSIONER
ENNIS S. HANSEN, COMMISSIONER