20101208final_order_no_32133.pdf

Office of the Secretary
Service Date
December 8, 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF ITS INTERCONNECTION
AGREEMENT WITH BROADVIEW
NETWORKS, INc. PURSUANT TO 47 U.
~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
CORDIA COMMUNICATIONS CORP.
PURSUANT TO 47 U.c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
NAVIGATOR TELECOMMUNICATIONS,
LLC PURSUANT TO 47 U.C. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
QUANTUMSHIFT COMMUNICATIONS,
DBA VCOM SOLUTIONS, PURSUANT TO 47
c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
CTC TELECOM, INC. PURSUANT TO 47
c. ~ 252(e)
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
LIBERTY-BELL TELECOM, LLC
PURSUANT TO 47 U.c. ~ 252(e)
ORDER NO. 32133
CASE NO. QWE-IO-
CASE NO. QWE-O6-
CASE NO. QWE-O6-
CASE NO. QWE-O8-
CASE NO. QWE-O9-
CASE NO. QWE-IO-
) ORDER NO. 32133
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROV AL OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
NORTHSTAR TELECOM, INc. PURSUANT
TO 47 U.c. ~ 252(e)
CASE NO. QWE- T -04-
In these cases the Commission is asked to approve an Interconnection Agreement
between Qwest Corporation and Broadview Networks , Inc. and amendments to the previously
approved Interconnection Agreements between Qwest and Cordia Communications Corp.
Qwest and Navigator Telecommunications, LLC; Qwest and QuantumShift Communications dba
vCom Solutions; Qwest and CTC Telecom, Inc.; Qwest and Liberty-Bell Telecom, LLC; and
Qwest and NorthStar Telecom, Inc. With this Order, the Commission approves the parties
Interconnection Agreements, including Amendments.
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 U.C. ~ 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 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 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 APPLICATIONS
1. Qwest Corporation and Broadview Networks, Inc., Case No. QWE-I0-. On
November 24 2010 , Qwest submitted an Application for approval of its Interconnection
Agreement with Broadview.The parties' Interconnection Agreement includes terrils and
ORDER NO. 32133
conditions, pricing, ancillary servIces and telecommunications servIces available for resale
within the geographical areas in which both parties are providing local exchange service and for
which Qwest is the incumbent local exchange carrier ("ILEC") within the State of Idaho.
2. Qwest Corporation and Cordia Communications Corp" Case No. QWE-06-01.
On October 29, 2010, Qwest submitted an Application to amend its original Interconnection
Agreement with Cordia, approved by the Commission on March 7, 2006. See Commission
Order No. 29986. In this Application, the parties request that the Commission approve an
Amendment to add the Qwest Local Services Platform Agreement (QLSP) to their
Interconnection Agreement. According to the Application, this Amendment was reached
through voluntary negotiations without resort to mediation or arbitration. This Amendment sets
out rates, terms and conditions for the Companies to interconnect their facilities.
3. Qwest Corporation and Navigator Telecommunications, LLC, Case No. QWE-
06-. On November 4, 2010, Qwest submitted an Application to amend its Interconnection
Agreement with Navigator that was approved by the Commission on March 7, 2006. See Order
No. 29986. In this Application, the parties request that the Commission approve an amendment
to include the QLSP.
4. Qwest Corporation and Quantum Shift Communications dba vCom Solutions,
Case No. QWE-08-. On November 4 2010, Qwest submitted an Application to amend its
Interconnection Agreement with QuantumShift that was approved by the Commission on
December 3 , 2008. See Order No. 30696. In this Application, the parties request that the
Commission approve an amendment to include the QLSP.
5. Qwest Corporation and CTC Telecom, Inc., Case No. QWE-09-14.
November 24, 2010, Qwest filed an Application seeking approval of an Amendment to its
Interconnection Agreement with CTC. The original Agreement was approved by the
Commission on September 3, 2009. See Order No. 30895. The proposed Amendment to the
parties' Interconnection Agreement would add terms and conditions for Mid-Span Meet POI, as
set forth in Attachment 1 submitted with the Application. The Application states that the
Agreement was reached through voluntary negotiations and without resort to mediation or
arbitration.
6. Qwest Corporation and Liberty-Bell Telecom, LLC, Case No. QWE-IO-. On
November 18, 2010, Qwest submitted an Application to amend its Interconnection Agreement
ORDER NO. 32133
with Liberty-Bell that was approved by the Commission on October 10, 2010. See Order No.
32097. In this Application, the parties request that the Commission approve an amendment to
include the QLSP.
7. Qwest Corporation and NorthStar Telecom, Inc., Case No. QWE-04-. On
October 22, 2010, Qwest submitted an Application to amend its original Interconnection
Agreement with NorthStar, approved by the Commission on December 29, 2004. See
Commission Order No. 29668. In this Application, the parties request that the Commission
approve an amendment to add the QLSP to the Interconnection Agreement.
STAFF RECOMMENDATION
Staff reviewed the 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
Agreements are consistent with the pro-competitive policies of this Commission, the Idaho
Legislature, and the federal Telecommunications Act. Accordingly, Staff recommended that the
Commission approve the Interconnection Agreements including Amendments.
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)(l). 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 Applications and the Staff s recommendation, the
Commission finds that the Agreements and Amendments are consistent with the public interest
convenience and necessity and do not discriminate. Therefore, the Commission finds that the
Agreements and Amendments should be approved. Approval of these Agreements does not
negate the responsibility of either party 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 NO. 32133
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement between Qwest
Corporation and BroadviewNetworks, Inc., Case No. QWE-I0-, is approved.
IT IS HEREBY ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation and Cordia Communications Corp., Case No. QWE-06-, is
approved.
IT IS HEREBY ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation and Navigator Telecommunications, LLC, Case No. QWE-06-03,
is approved.
IT IS HEREBY ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation and QuantumShift Communications dba vCom Solutions, Case No.
QWE-08-, is approved.
IT IS HEREBY ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation and CTC Telecom, Inc., Case No. QWE-09-, is approved.
IT IS HEREBY ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation and Liberty-Bell Telecom, LLC , Case No. QWE-I0-, is
approved.
IT IS HEREBY ORDERED that the Amendment to the Interconnection Agreement
between Qwest Corporation and NorthStar Telecom, Inc., Case No. QWE-04-, 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 ~~ 61-
626 and 62-619.
ORDER NO. 32133
DONE by Order of the Idaho Public Utilities, Commission at Boise, Idaho this
~I-h
day of December 2010.
~ 4 ~
MD. KEMPT6N, P IDENT
MARSHA H. SMITH, COMMISSIONER
MACK A. REDFO
ATTEST:
flA~ h ft~ D. Jewell
Commission Secretary
O:QWE- T-l 0-- QWE-06-- QWE-06-03 - QWE-08-09 - QWE- T-09-- QWE-I 0-- QWE-04-
ORDER NO. 32133