20060703final_order_no_30083.pdf

Office of the Secretary
Service Date
July 3 , 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND DIECA
COMMUNICATIONS, INC. DBA COY AD
COMMUNICATIONS FOR APPROVAL OF AN
AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT FOR
THE STATE OF IDAHO PURSUANT TO 47
C. ~ 252(e)
CASE NO. QWE-05-
ORDER NO. 30083
In this case, the Commission is asked to approve an amendment to an existing and
approved Interconnection Agreement between Qwest Corporation ("Qwest") and DIECA
Communications, Inc. dba Covad Communications Company ("Covad"). With this Order the
Commission approves the amendment to 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. ~
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
Qwest and Covad's Application seeks approval to amend the Interconnection
Agreement between the parties which was approved by the Commission on October 12, 2005.
The Application states that the parties are jointly filing and that this Amendment was reached
through voluntary negotiations without resort to mediation. This is an amendment to incorporate
the Triennial Review Order ("TRO") and the Triennial Review Remand Order ("TRRO") into
ORDER NO. 30083
the Interconnection Agreement as set forth in Attachment 1 and Exhibit A, attached and
incorporated into this filing.
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, Staff recommended
Commission approval of the amendment to the Agreement.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 US.C. ~ 252(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. 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 amendment to the
Agreement should be approved. However, approval of this Application 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 amendment to the Agreement of Qwest
Corporation and DIECA Communications, Inc. dba Covad Communications Company, 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 ~ 61-
626.
ORDER NO. 30083
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ;3
day of July 2006.
MARSHA H. SMITH, COMMISSIONER
~~~;)~
ATTEST:
O:QWE-05-
ORDER NO. 30083