20080805final_order_no_30612.pdf

Office of the Secretary
Service Date
August 5, 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION FOR APPROVAL
OF AN AMENDMENT TO ITS
INTERCONNECTION AGREEMENT WITH
360NETWORKS (USA), INc. PURSUANT TO
47 U.c. ~ 252(e)
CASE NO. QWE-06-
ORDER NO. 30612
In this case the Commission is asked to approve an amendment to an existing and
previously approved Interconnection Agreement. With this Order, the Commission herein
approves the amendment to the existing 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
of the agreement do not comply with the requirements of (Part 51)." 47 C.R. ~ 51.3.
THE APPLICATION
On July 15 , 2008, Qwest Corporation filed an Application seeking the Commission
approval of an amendment to its Interconnection Agreement, approved by the Commission on
March 7 2006, with 360networks (USA) inc. See Order No. 29986. The parties have mutually
agreed to add certain specified terms and conditions governing the calculation of the rate
ORDER NO. 30612
360networks will pay Qwest for Transit Traffic to their original Interconnection Agreement. See
Application, Attachment 1 and Exhibit A.
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
proposed amendment is 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 proposed amendment to the parties' 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. !d.
Based upon our review of the Application and the Staffs recommendation, the
Commission finds that the proposed amendment to the 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 the amendment to the
Interconnection Agreement 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 Amendment to the Interconnection Agreement
between Qwest Corporation and 360networks (USA) inc., Case No. QWE-06-, 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. 30612
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
1-J..
day of August 2008.
MARSHA H. SMITH, COMMISSIONER
~;J.
~,.~
11 MPTON,CO ISSIONER
ATTEST:
O:QWE-06-
ORDER NO. 30612