20051004final order no 29884.pdf

Office of the Secretary
Service Date
October 4, 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION FOR APPROVAL OF AN INTERCONNECTION AGREEMENT
WITH IBC COMMUNICATIONS, INC.
PURSUANT TO 47 U.C. ~ 252(e)
CASE NO. QWE-O5-
ORDER NO. 29884
In this case the Commission is asked to approve the Interconnection Agreement
between Qwest Corporation (Qwest) and IBC Communications, Inc.
Commission approves the Agreement.
With this Order the
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)(I). 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.
THE CURRENT APPLICATION
The Application was filed on September 8, 2005 , and states that the Agreement was
reached through voluntary negotiations without resort to mediation or arbitration. The
Agreement includes terms and conditions for Unbundled Network Elements, Ancillary Services
and resale of telecommunications services.
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
ORDER NO. 29884
Application is consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act of 1996. Accordingly, Staff recommended
Commission approval of the Agreement.
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 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
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 of Qwest
Corporation and IBC Communications, Inc., Case No. QWE- T -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. 29884
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 3,.J.
day of October 2005.
01d;z A
;j
MARSHA H. SMITH, COMMISSIONER
ATTEST:
i3ill. D. Jewell
Co mission Secretary
O:QWE- T -05-17 -
ORDER NO. 29884