20110107final_order_no_32155.pdf

Office of the Secretary
Service Date
January?, 2011
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE- T -05-
APPROVAL OF AMENDMENTS TO ITS
INTERCONNECTION AGREEMENT WITH
PAC WEST TELECOMM, INc. PURSUANT
TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR CASE NO. QWE- T -07-
APPROVAL OF AMENDMENTS TO ITS
INTERCONNECTION AGREEMENT WITH
AMERICAN FIBER NETWORKS, INC.ORDER NO. 32155
PURSUANT TO 47 U.c. ~ 252(e)
In this case, the Commission is asked to approve amendments to Interconnection
Agreements between Qwest Corporation and Pac West Telecomm, Inc. and Qwest and American
Fiber Networks, Inc. With this Order, the Commission approves the amendments to the parties
Interconnection Agreements.
BACKGROUND
Under the provisions of the federal Telecommunications Act of 1996, interconnection
agreements, including amendments thereto, must be submitted to the Commission for approval.
47 US.C. 9 252(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 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 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. 951.3.
ORDER NO. 32155
THE APPLICATION
1. Owest Corporation and Pac West Telecomm, Inc., Case No. QWE-05-. On
December 21 , 2010, the Commission received Qwest's Application requesting authority to
amend its Interconnection Agreement with Pac West. The parties' original Agreement was
approved by the Commission on November 23, 2005. See Order No. 29920. The amended
Agreement provides terms and conditions for the exchange of VoIP traffic as set forth in
Attachment I of the amended Agreement. The parties requested an expeditious approval process
and maintained that the amended Agreement was reached through voluntary negotiations.
2. Qwest Corporation and American Fiber Networks, Inc., Case No. QWE-07-
On December 17, 2010, the Commission received Qwest's Application seeking authority to
amend its Interconnection Agreement with American Fiber. The parties' original Agreement
was approved by the Commission on August 9, 2007. See Order No. 30400. The amended
Agreement provides for the adoption of the Qwest Local Services Platform Agreement (QLSP).
The QLSP sets out rates, terms and conditions for the companies to interconnect their services.
The parties requested an expeditious approval process and maintain that the amended Agreement
was reached through voluntary negotiations.
ST AFF RECOMMENDATION
Staff reviewed the foregoing Applications and did not find any terms or conditions
that it considers to be discriminatory or contrary to the public interest. Staff believes that the
amendments to the Interconnection Agreements are consistent with the pro-competitive policies
of this Commission, the Idaho Legislature, and the federal Telecommunications Act.
Accordingly, Staff recommended the Commission approve the proposed amendments to the
parties' Interconnection Agreements.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 U.C. ~
252(e)(1). However, 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. !d.
ORDER NO. 32155
Based upon our reVIew of the Applications and Staff s recommendations, the
Commission finds that the amendments to the Agreements are consistent with the public interest
convenience and necessity and do not discriminate. Therefore, the Commission finds that the
amendments, reviewed by Staff and more fully described above, should be approved. Approval
of the Agreements does not negate the responsibility of either party 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 ~9 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 amendment to the Interconnection Agreement
between Qwest Corporation and Pac West Telecomm, Inc., Case No. QWE-05-, is
approved.
IT IS FURTHER ORDERED that the amendment to the Interconnection Agreement
between Qwest Corporation and American Fiber Networks, Inc., Case No. QWE-07-, 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
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 99 61-
626 and 62-619.
ORDER NO. 32155
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 71"
day of January 2011.
t2~~ 1M D. KE PTO , IDENT
ARSHA H. SMITH, COMMISSIONER
MACK A. REDFORD, COMMISSIONER
ATTEST:
~LG
J a D. Jewell
C mmisslOn Secretary
O:QWE-05-- QWE- T-07-
ORDER NO. 32155