20060530Comments.pdf

Mary S. Hobson
Attorney & Counselor
999 Main, Suite 1103
Boise ID 83702
208-385-8666
) ;,' '.; "; ,-, , "- '" "; ,
May 26, 2006
VIA HAND DELIVERY
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington
Boise, ID 83702-5983
, RE:Docket No. QWE-O6-
Dear Ms. Jewell:
Enclosed for filing with this Commission are an original and seven (7) copies of QWEST
CORPORATION'S COMMENTS IN SUPPORT OF APPROVAL OF PAGING
INTERCONNECTION AGREEMENT ON MODIFIED PROCEDURE. If you have any
questions, please contact me. Thank you for your cooperation in this matter.
Very truly yours
Enclosurescc: Service List
Boise-193000, 1 0061273-00018
Mary S. Hobson (ISB. No. 2142)
999 Main, Suite 1103
Boise, ID 83702
Tel: [phone]
mary .hobson~qwest.com
Adam L. Sherr
Corporate Counsel, Qwest
1600 7th Avenue, Room 3206
Seattle, WA 98191
Tel: [phone]
adam.sherr~qwest.com
Attorneys for Qwest Corporation
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
QWEST CORPORATION,
Complainant,
Mountain Communications, Inc. dba
Earl's Distributing, Inc.; Gem State
Communications, Inc. dba Idaho
Communications; Idaho Mobile
Telephone a/k/a Idaho Phone Service, Inc.
a/k/a Idaho Mobilephone a/k/a Idaho
Mobile Phone service, Inc.; JJC, Inc. dba
Intermountain Communications; Radio
Service Company; and Teton
Communications, Inc.
Docket No. QWE-O6-
Respondents
QWEST CORPORATION'S COMMENTS IN SUPPORT OF APPROVAL OF
PAGING INTERCONNECTION AGREEMENT ON MODIFIED PROCEDURE
Comments of Qwest Corporation - 1 -
Qwest Corporation (Qwest) by and through its attorneys of record, and pursuant
to the Commission s Order No. 30034, submits these Comments in Support of its Petition
for approval of a paging interconnection between Qwest Corporation and Radio Service
Company.
BACKGROUND
Qwest filed its initial petition in this docket on March 17, 2006. At that time
Qwest named six respondents including one wireless service provider and five paging
companies. Radio Service Company of Burley, Idaho ("Radio Service ) was named
among the paging company respondents.The Type 1 and Type 2 paging interconnect
agreement that Qwest proposed for adoption by the paging companies was attached to the
that Qwest's petition as Exhibit B.
Subsequent to that initial filing, April 4, 2006 Qwest moved to dismiss
Mountainland Communications, Inc. on the basis that that company had reached an
agreement with Qwest that addressed the issues in the petition. Before the Commission
acted on that Motion, Qwest filed an additional motion on April 12, 2006, seeking to
dismiss Teton Communications, Inc, the sole wireless provider respondent, as well as
another paging company, JJC, Inc. In addition, on April 12 Qwest also filed an amended
petition, which removed the discussion of interconnection agreement for wireless
providers and identified the remaining paging companies who had not yet reached an
agreement with Qwest. JJC, Inc., which was the subject of the April 12 , motion to
dismiss, had been incorrectly identified as a Qwest paging provider customer. The
amended petition removed JJC, Inc. and correctly identified Intermountain
Comments of Qwest Corporation - 2 -
Communications of Southern Idaho , Inc. as a paging provider who did not have an
effective interconnection agreement with Qwest.
With the filing of the amended petition, therefore, Qwest sought the approval of a
Type 1 and Type 2 interconnection agreement (in the form of Exhibit B to Qwest's initial
petition) for four paging companies, including Radio Service. Thereafter, Qwest reached
agreements with the other three paging provider respondents and individual motions for
their dismissal were filed on April 21 , May 2 and May 26 2006.
Therefore at the present time this matter involves only Qwest and Radio Service.
DISCUSSION
Qwest seeks this Commission s approval of an interconnection agreement
between Qwest and Radio Service in the form of Exhibit B to its original petition
(hereinafter "paging interconnection agreement"), so that Qwest can comply with the
FCC's T-Mobile Order.l The FCC issued that order in response to a petition for
declaratory ruling from wireless carriers submitted as part of the NPRM on Intercarrier
Compensation.2 The petitioners asked the FCC to find that wireless termination tariffs
are unlawful.
In the Mobile Order the FCC declined to find that wireless termination tariffs
were unlawful. However, the FCC did decide to change the rules that would apply going
forward to make clear its preference for contractual arrangements. Following entry of the
Mobile Order ILECs such as Qwest are prohibited from imposing compensation
See In the Matter of Developing a Unified Intercarrier Compensation Regime, T-Mobile et al.
Petition for Declaratory Ruling Regarding Incumbent LEC Wireless Termination Tariffs,
Docket No. 01-, Declaratory Ruling and Report and Order FCC 05-42 (Released February 24
2005) Mobile Order
See T-Mobile USA, Inc. et. al. Petition for Declaratory Ruling: Lawfulness of Incumbent Local
Exchange Carrier Wireless Termination Tariffs, CC Docket Nos. 01-, 950185, 96-, Petition
ofT-Mobile, et al. (Filed September 6, 2002) Mobile Petition
Comments of Qwest Corporation - 3 -
obligations for non-access Commercial Mobile Radio Service ("CMRS") traffic pursuant
to tariffs. 3 The FCC also clarified that not only are ILECs obligated under section 252 of
the Telecommunications Act of 1996 ("the Act") to negotiate interconnection
agreements, ILECs may also request interconnection from a CMRS provider, and may
invoke the negotiation and arbitration procedures set forth in section 252 of the Act. The
order also established state-Commission ordered rates as the applicable interim rates to
apply once the ILEC begins the negotiation process.
In response to the FCC's order, Qwest implemented the interim rates approved by
the Mobile Order. Qwest also initiated negotiations with the category of customers
that included Radio Service by correspondence dated May 3 2005.4 In addition, Qwest
withdrew its tariffs, catalogs and price lists for wireless termination service. In Idaho
Qwest filed to withdraw its catalog on January 6 2006. The withdrawal became effective
on January 16 2006 pursuant to the terms ofIdaho Code 962-606.
Radio Service, among others, did not respond to Qwest's initial request for
negotiations. Qwest then sent a second request for negotiations on October 11 2005. As
an accommodation to the carriers that did not answer Qwest's first request , Qwest noted
in this second letter that it had reset the time period for negotiations, so that the window
for requesting arbitration would open on February 22 2006 (the 135th day after October
2005), and would close on March 19, 2006 (the 160th day).5 Qwest notified the
Mobile Order at II 9.
4 A copy of that correspondence is attached as Exhibit C to Qwest's original petition.
5 A copy of the second letter is attached as Exhibit D to Qwest's original petition.
Comments of Qwest Corporation - 4-
Commission of its attempts to initiate negotiations with by letter dated December 2
2005.
Some carriers, including Radio Service, did not respond to Qwest's second
request to negotiation. Consequently, Qwest sent a third request for negotiations on
January 13 , 2006 (for paging providers) and February 2 2006 (for wireless providers).
These requests for negotiations also included a reference to the website address where the
current template agreement(s) could be located. Qwest sent yet another request to
wireless and paging carriers on February 21 2006.8 This request also included a
reference to the web site address for the current template agreement. Qwest followed up
on these email notices with telephone calls to those companies for whom a contact and
telephone number were available.
Qwest conducted teleconference negotiation sessions on November 16, 30 and
December 7, 2005 with paging providers. Qwest made several changes and updated the
negotiation template agreement in response to concerns raised by the providers attending
those sessions. The paging interconnection agreement offered in this case reflects these
changes.
Following the filing of the petition in this case, Qwest served named respondents
as shown on its Certificate of Service with the Petition, the proposed paging
interconnection agreement, and subsequent motions. As indicated in the "Background"
6 A copy of Qwest's notice to the Commission is attached as Exhibit E to Qwest's original
petition.
? Copies ofthose requests are attached as Exhibits F and G respectively to Qwest's original
petition. Exhibit F, of course, is the notice that remains relevant to the pending issues with Radio
Service.
8 A copy of that request is attached as Exhibit H to Qwest's original petition.
Comments of Qwest Corporation - 5 -
section of these comments, one wireless and four other paging companies have now
entered interconnection agreements with Qwest. Only Radio Service has failed to
respond. Radio Service has not raised any disputed issues or disagreements with the
proposed paging interconnection agreement with Qwest.
Under Section 251 of the Act, each telecommunications carrier had the duty to
interconnect directly or indirectly with other telecommunications carriers. ILECs such as
Qwest also have the duty to negotiate in good faith the terms and conditions of such
interconnection. Qwest has made significant efforts to negotiate the terms of the paging
interconnection agreement with all carriers including Radio Service. Many carriers have
signed the agreement and none has raised issues concerning its terms. No carrier has
raised any concerns that the rates under the template paging interconnection agreement
are not just and reasonable. The proposed agreement does not discriminate against any
carrier; it contains the same terms and conditions that have been offered to other Type 1
Paging Carriers in Idaho. Furthermore, the proposed paging interconnection agreement is
consistent with the public interest, convenience and necessity, and the terms of the
agreement meet the requirements of section 251 of the Act.
Because Radio Service has not responded to Qwest's efforts to negotiate a paging
interconnection agreement, Qwest asks that the Commission issue an order adopting and
approving the proposed paging interconnection agreement between Qwest and Radio
Service. This template agreement is non-discriminatory and is consistent with the
Mobile Order as well as the Act and relevant law.
Comments of Qwest Corporation - 6 -
Absent either an approved interconnection agreement or effective tariff /catalog
provisions, Qwest will be forced to discontinue service to Radio Service. Qwest seeks to
avoid such drastic measures by seeking this Commission s approval of its template
paging interconnection agreement with Radio Service.
CONCLUSION
In order to comply with the FCC'Mobile Order Qwest has withdrawn its
catalog provisions for termination of non-access wireless traffic. Qwest has made every
effort to engage in negotiations of new interconnection agreements with Radio Service
so that Qwest may continue to terminate non-access wireless traffic for this company.
Qwest asks this Commission to approve the template paging interconnection agreement
with Radio Service, so that Qwest will not be forced to discontinue service to these
camers.
Dated this 26th day of May, 2006.
Respectfully submitted
~:l~~~~42)
999 Main. Suite 1103
Boise, ID 83702
Adam L. Sherr
Corporate Counsel, Qwest
1600 7th Avenue, Room 3206
Seattle, WA 98191
Attorneys for Qwest Corporation
Comments of Qwest Corporation - 7 -
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing QWEST CORPORATION'
COMMENTS IN SUPPORT OF APPROVAL OF PAGING INTERCONNECTION
AGREEMENT ON MODIFIED PROCEDURE was served on th~~ay of May, 2006 on the
following individuals:
Jean D. Jewell
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ill 83702
Telephone [phone]
Facsimile: [phone]
i iewell(2V,puc.state.id.
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Weldon Stutzman
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ill 83702
Telephone [phone]
Facsimile: [phone]
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Radio Service Company
c/o Dale D. Avery
659 So. 3000
Burley, ID 83318
-2L
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
4~~~
Attorney for Qwest Corporation
Comments of Qwest Corporation - 8 -