20070910final_order_no_30424.pdf

Office of the Secretary
Service Date
September 10 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND DIECA
COMMUNICATIONS, INc. DBA COY
COMMUNICATIONS COMPANY FOR
APPROVAL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.c. ~
252( e)
CASE NO. QWE-05-
ORDER NO. 30424
In this case the Commission is asked to approve an amendment to an existing and
previously approved Interconnection Agreement between Qwest Corporation and Dieca
Communications, Inc. dba Covad Communications Company. With this Order, the Commission
approves the amendment to the Interconnection Agreement.
BACKGROUND
Under the prOVlSlons of the federal Telecommunications Act of 1996
interconnection agreements, including amendments thereto, must be submitted to the
Commission for approval. 47 US.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
(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.F .R. ~ 51.3.
THE CURRENT APPLICATION
In this Joint Application, the parties seek the Commission s approval of an
amendment to their interconnection agreement approved by the Commission on October 12
2005. See Order No. 29889. The Application seeks to amend the original Agreement by adding
terms, conditions and rates for Local Number Portability. The Application also states that the
ORDER NO. 30424
parties reached an agreement to amend their Interconnection Agreement through voluntary
negotiations and without mediation or arbitration.
STAFF RECOMMENDATION
The 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
amendment is consistent with the pro-competitive policies of this Commission, Title 62 of the
Idaho Code, and the federal Telecommunications Act. Accordingly, Staff recommended that the
Commission approve the amendment to the existing Interconnection Agreement.
CO MMISSI ON D ECISI 0 N
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 US.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 Staff s recommendation, the
Commission finds that the amendment to the Interconnection Agreement is consistent with the
public interest, convenience and necessity and does not discriminate.Therefore, the
Commission finds that the amendment should be approved. 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 (pursuant to Commission Order No. 26665) if they are
offering local exchange services or to comply with Idaho Code ~~ 62-604 and 62-606 ifthey 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 Interconnection Agreement
between Qwest Corporation and Dieca Communications, Inc. dba Covad Communications
Company is 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
ORDER NO. 30424
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code ~ ~ 61-
626 and 62-619.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /0
rJ.
day of September 2007.
J~'
MARSHA H. SMITH, COMMISSIONER
MACK A. REDFORD, COMMISSIONE
ATTEST:
~ll
Commission Secretary
O:QWE-O5-
ORDER NO. 30424