20061121final_order_no_30183.pdf

Office of the Secretary
Service Date
November 21 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND CTC CASE NO. USW-98-
TELECOM, INC. FOR APPROVAL OF AN
AMENDMENT TO AN EXISTING
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND CASE NO. USW-00-
ELECTRIC LIGHTWAVE, INC. FOR
APPROV AL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.C. ~
252( e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND DIECA CASE NO. QWE-05-
COMMUNICATIONS, INc. DBA COV
COMMUNICATIONS COMPANY FOR
APPROV AL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~ORDER NO. 30183
252(e)
In these cases, the Commission is asked to approve amendments to existing and
previously approved Interconnection Agreements. With this Order the Commission approves the
amendments to Agreements.
BACKGROUND
Under the prOVlSlons 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 US.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
ORDER NO. 30183
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. 9 51.3.
THE CURRENT APPLICATIONS
1. Qwest Corporation and CTC Telecom, Inc. (Case No. USW-98-09). The
original interconnection agreement between Qwest Corporation and CTC Telecom, Inc. was
approved by the Commission on September 25 , 1998. The amendment to the original agreement
between the companies states that the parties are jointly filing and that this amendment was
reached through voluntary negotiations without resort to mediation. This amendment
incorporates the Triennial Review Order ("TRO") and the Triennial Review Remand Order
TRRO') and is attached as Attachment 1 and Exhibit A to this filing.
2. Qwest Corporation and Electric Lightwave, Inc. (Case. No. USW-00-21). On
November 2, 2006, Qwest submitted a request to amend an existing interconnection agreement
with Electric Lightwave, Inc., approved by the Commission on October 11 , 2000. With this
filing, the original agreement is amended to include special promotional rates for available
inventory collocation sites.
3. Qwest Corporation and Dieca Communications, Inc. dba Covad Communications
Company (Case No. QWE-05-19). The original interconnection agreement between Qwest
Corporation and Dieca Communications, Inc. dba Covad Communications Company was
approved by the Commission on October 12 2005. The Application for approval of amendment
to the interconnection agreement between Qwest and COY AD states that the parties are jointly
filing and that this amendment was reached through voluntary negotiations without resort to
mediation. This amendment provides for limited time promotional rates for Available Inventory
Collocations on Available Inventory Sites. The promotional rates are only valid for Available
Inventory applications received between October 1 , 2006 and December 31 , 2006.
STAFF RECOMMENDATION
Staff has reviewed the Applications and does not find any terms or conditions that it
considers to be discriminatory or contrary to the public interest. Staff believes that the
Applications are 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 amendments to the Agreements.
ORDER NO. 30183
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 U.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. Id. Based upon our review of the Applications and the Staffs recommendation, the
Commission finds that the Agreements are consistent with the public interest, convenience and
necessity and do not discriminate. Therefore, the Commission finds that the Agreements should
be approved. However, approval of these Agreements 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 amended Interconnection Agreement of Qwest
Corporation and CTC Telecom, Inc., Case No. USW-98-, is approved.
IT IS FURTHER ORDERED that the amended Interconnection Agreement of Qwest
Corporation and Electric Lightwave, Inc., Case No. USW-00-, is approved.
IT IS FURTHER ORDERED that the amended Interconnection 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 9 61-
626.
ORDER NO. 30183
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this :l..J ~
day of November 2006.
MARSHA H. SMITH, COMMISSIONE
, OMMISSIONER
ATTEST:
fiif~D. Jewe I
Commission Secretary
O:USW-98-09 _USW-OO-- QWE-O5-19 _
ORDER NO. 30183