20051013order no 29890.pdf

Office of the Secretary
Service Date
October 13, 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF LEVEL 3
COMMUNICATIONS, LLC PETITION FOR
ARBITRATION PURSUANT TO SECTION
252(b) OF THE TELECOMMUNICATIONS ACT)
OF 1996 OF THE RATES, TERMS, AND
CONDITIONS OF INTERCONNECTION WITHQWEST CORPORATION
CASE NO. QWE-05-
ORDER NO. 29890
This case was initiated by a Petition filed by Level 3 Communications requesting
arbitration of an Interconnection Agreement between Level 3 and Qwest Corporation pursuant to
Section 252 of the federal Telecommunications Act. See 47 D.C. ~252(b). On August 3
2005, the Commission issued a Procedural Order, appointing an arbitrator and establishing a
schedule to complete the arbitration. Order No. 29819. On October 5, 2005 , Level 3 and Qwest
filed a Joint Motion to Extend the Procedural Schedule. The Joint Motion states that the parties
have been negotiating in an effort to reach a settlement on the terms and conditions of an
interconnection agreement, and "the parties agree that focusing on negotiations, rather than
continued efforts in a litigation, best serves the likelihood of resolution.Accordingly, the
parties in their Motion ask the Commission to extend the deadlines for conducting the hearings
and to complete the arbitration. The parties propose to modify the deadlines normally
established pursuant to Section 252 of the federal Telecommunications Act. The parties agreed
that the hearing deadline may be extended to November 30, 2005 , and that the Commission will
have until March 1 , 2006 to issue a final ruling on arbitration of the interconnection agreement.
Based on the agreement of the parties, the Commission grants the Joint Motion filed
by the parties and extends the procedural schedule as outlined in the Motion. Section 252 favors
negotiation of interconnection agreements and provides for mandatory arbitration in the event
negotiations for an agreement are unsuccessful. We support the parties' continued discussions
for an interconnection agreement, and thus extend the procedural schedule to complete the
arbitration as requested by the parties. If negotiations ultimately are not successful, the parties
must propose a new schedule in order to convene a hearing before November 30, 2005 and allow
the Commission adequate time to complete a final Order by March 1 2006.
ORDER NO. 29890
ORDER
IT IS HEREBY ORDERED that the Joint Motion to Extend Procedural Schedule
filed by Level 3 Communications and Qwest Corporation is granted. If the parties are not able to
negotiate terms for an interconnection agreement, they must propose a new schedule in order to
convene a hearing in this case before November 30, 2005 and allow the Commission adequate
time to complete a final Order by March 1 , 2006.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /314'
day of October 2005.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~ill Lif~Je D. Jewell
mISSIon Secretary
bls/O:QWE-05-ws2
ORDER NO. 29890