20051123final order no 29920.pdf

Office of the Secretary
Service Date
November 23 , 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION FOR APPROVAL OF
THE ADOPTION OF THE TALK AMERICA
INc. AGREEMENT (APPROVED BY THE
COMMISSION ON SEPTEMBER 14, 2004
(ORDER NO. 29594), IN DOCKET NO. QWE- T
04-22) FOR THE STATE OF IDAHO
PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION AND Z- TEL
COMMUNICATIONS, INC. FOR
APPROVAL OF AN AMENDMENT TO AN
INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~ 252(e)
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT FOR
THE STATE OF IDAHO PURSUANT TO 47
c. ~ 252(e)
CASE NO. QWE- T -05-
CASE NO. QWE-OI-
CASE NO. QWE- T -05-
ORDER NO. 29920
In these cases, the Commission is asked to approve amendments to existing and
previously approved Interconnection Agreements and new Interconnection Agreements. With
this Order the Commission approves the 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. ~
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.S.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 25 1 (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
ORDER NO. 29920
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 APPLICATIONS
1. Owest Corporation and Pac-West Telecomm, Inc. (Case No. QWE-05-22). On
November 14, 2005, Qwest filed this Application to adopt the Talk America Inc. Agreement
approved by the Commission on September 14, 2004. In this Application, the parties request
Commission approval of the amended Talk America, Inc. Agreement to incorporate TRO and
TRRO.
2. west Corporation and Trinsic Communications Inc.fka Z- Tel
Communications, Inc.)(Case No. QWE-01-12). On November 14 2005, the parties filed an
amendment to the original agreement approved by the Commission on July 25, 2001. This
Application requests Commission approval to amend the existing agreement to incorporate TRO
and TRRO.
3. Owest Corporation and Project Mutual Telephone Cooperative Association Inc
Case No. QWE-05-21).On November 14, 2005 , Qwest submitted this Application for
approval of an interconnection agreement. The Commission is asked to approve this agreement
that includes terms and conditions for interconnection, ancillary services, and resale of
telecommunications services between the parties.
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.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements must be
submitted to the Commission for approval. 47 u.S.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 Applications and the Staffs recommendation, the
ORDER NO. 29920
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 ~~ 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 new and amended Interconnection Agreement of
Qwest Corporation and Pac-West Telecomm, Inc., Case No. QWE-05-, is approved.
IT IS FURTHER ORDERED that the amended Interconnection Agreement of Qwest
Corporation and Trinsic Communications, Inc. (fka Z- Tel Communications, Inc.), Case No.
QWE-01-, is approved.
IT IS FURTHER ORDERED that the Interconnection Agreement of Qwest
Corporation and Project Mutual Telephone Cooperative Association, Inc., 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. 29920
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this ..2 3 ,..
day of November 2005.
ATTEST:
O:QWE- T-O5-- QWE- T-OI-12 - QWE- T-O5-
ORDER NO. 29920