20060309final_order_no_29992.pdf

Office of the Secretary
Service Date
March 9, 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF QWEST CORPORATION FOR
APPROVAL OF THE ADOPTION OF THE
TIME WARNER TELECOM OF IDAHO
AGREEMENT (APPROVED BY THE
COMMISSION ON AUGUST 11, 2004
(ORDER NO. 29559), IN DOCKET NO. QWE-
04-20) FOR THE STATE OF IDAHO
PURSUANT TO 47 U.C. ~ 252(e)
CASE NO. QWE-06-
ORDER NO. 29992
In this case, the Commission is asked to approve the adoption by Cox Idaho Telcom
LLC ("Cox" or "Company ) of a negotiated Interconnection Agreement between Qwest
Corporation ("Qwest") and Time Warner Telecom of Idaho ("Time Warner ) in its entirety.
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 US.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 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 the Application between Qwest and Cox in Case No. QWE-06-4 filed February
, 2006, the Companies seek Commission approval for Cox to adopt, in its entirety with any
amendments subsequently approved, the Interconnection Agreement between Time Warner and
Qwest that was approved by the Commission on August 2 2004. Both Qwest and Cox state that
ORDER NO. 29992
the agreement to adopt the Interconnection Agreement was jointly entered into between the
parties and provides for both Companies to interconnect their facilities for the purpose of
providing customers with increased choices among local telecommunications services.
ST AFF 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 Agreement.
COMMISSION DECISION
Under the terms of the 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 adoption of the 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 adoption by Cox Idaho Telcom LLC of the
Interconnection Agreement between Time Warner Telecom of Idaho and Qwest Corporation 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
ORDER NO. 29992
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code ~ 61-
626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
q+"
day of March 2006.
, PRESIDENT
~~
MARSHA H. SMITH, COMMISSIONER
OMMISSIONER
ATTEST:
Commission Secretary
O:QWE-06-
ORDER NO. 29992