20060106final_order_no_29946.pdf

Office of the Secretary
Service Date
January 6, 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF THE ADOPTION OF THE
COMMP ARTNERS LLC AGREEMENT
(APPROVED BY THE COMMISSION ON
OCTOBER 13, 2005 (ORDER NO. 29889), IN
DOCKET NO. QWE-05-15) FOR THE
STATE OF IDAHO PURSUANT TO 47 U.
~252( e)
CASE NO. QWE- T -05-
ORDER NO. 29946
In this case the Commission is asked to approve the adoption of an existing and
previously approved Interconnection Agreement. With this Order the Commission approves the
adoption of 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 US.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
In this Application, the parties request the Commission s approval for Red-Ban
Communications, LLC to adopt the CommPartners LLC Agreement approved by the
Commission on October 13 , 2005.
ORDER NO. 29946
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 adoption of the Agreement by Red-Ban Communications, LLC.
CO MMISSI ON D ECISI 0 N
Under the terms ofthe 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 adoption of the
Agreement should be approved. However, approval of this Agreement 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 Application of Qwest Corporation and Red-Ban
Communications, LLC for approval of the adoption of the CommPartners LLC Interconnection
Agreement, 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. 29946
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
"";'
day of January 2006.
J8U
l\RSHA H. SMITH, COMMISSIONER
ATTEST:
O:QWE-05-
ORDER NO. 29946