20071002final_order_no_30447.pdf

Office of the Secretary
Service Date
October 2, 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION AND
360NETWORKS (USA) INC. FOR
APPROVAL OF AN AMENDMENT TO AN
EXISTING INTERCONNECTION
AGREEMENT PURSUANT TO 47 U.e. ~
252(e)
CASE NO. QWE- T -06-
ORDER NO. 30447
In this case the Commission is asked to approve an amendment to an existing and
previously approved Interconnection Agreement between Qwest Corporation ("Qwest") and
360Networks (USA) inc. ("360Networks ). With this Order, the Commission approves the
Amendment to the parties' 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 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.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
ofthe agreement do not comply with the requirements of (Part 51)." 47 C.R. ~ 51.3.
THE CURRENT APPLICATION
On March 7, 2006, the Commission approved Qwest' s Application for approval of an
Interconnection Agreement with 360Networks. See Order No. 29986. On September 14 2007
Qwest submitted an Application to amend that Agreement. The Application seeks to amend the
parties' original Interconnection Agreement by incorporating terms and conditions governing
Voice over Internet Protocol (VoIP) traffic. The Application also states that the parties agreed to
ORDER NO. 30447
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 Qwest's Application for approval of an amendment to the parties' existing
Interconnection Agreement.
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). 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 Staffs recommendation, the
Commission finds that Qwest and 360Networks' proposed amendment to their 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 these
Agreements 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 if they 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 360Networks (USA) inc. 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. 30447
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
,;(
g t4.
day of September 2007.
,;(
MARSHA H. SMITH, COMMISSIONER
ATTEST:
~LCJ.
Je 11 D. Jewell
mission Secretary
O:QWE-06-
ORDER NO. 30447