20060616final_order_no_30074.pdf

Office of the Secretary
Service Date
June 16 2006
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION FILED
BY QWEST CORPORATION FOR
APPROVAL OF INTERCONNECTION
AGREEMENTS WITH GEM ST ATE
COMMUNICATIONS, INC. DBA IDAHO
COMMUNICATIONS AND RADIO SERVICECOMPANY
CASE NO. QWE-06-
ORDER NO. 30074
On March 17, 2006, Qwest Corporation filed a Petition for Approval of
Interconnection Agreements to Implement FCC Ruling in Mobile Order.According to
Qwest's Petition, the Federal Communications Commission s decision in In the Matter of
Developing a Unified Intercarrier Compensation Regime, T-Mobile et al. Petition for
Declaratory Ruling Regarding Incumbent LEC Wireless Termination Tariffs, CC Docket 01-
FCC 05-, (February 24, 2005), requires Qwest to request and enter into interconnection
agreements with wireless and paging carriers for the termination of traffic. Qwest attempted
numerous times to initiate discussions with the wireless and paging companies identified in its
Petition, but had not received responses at the time of the Petition. Qwest initially sought
approval of interconnection agreements with six companies identified in its Petition, but Qwest
subsequently filed Motions to Dismiss its Petition against four of the companies.Qwest
accordingly requested that the Commission approve interconnection agreements, attached to its
Petition as Exhibit B, as to the two remaining parties.
On May 9, 2006, the Commission issued a Notice of Petition and Notice of Modified
Procedure, Order No. 30034. The Commission dismissed four of the parties from the case, and
proceeded by Modified Procedure as to two paging companies. During the comment period
established by the Commission, written comments were filed only by Qwest. In its comments
Qwest reiterated its attempts to reach agreement with the remaining companies, one of which
had responded.Qwest thus also filed a Motion to Dismiss its Petition as to Gem State
Communications. Noting that the remaining party, Radio Service, never responded to Qwest's
efforts to negotiate a paging interconnection agreement, Qwest asked that the Commission issue
an Order adopting and approving the proposed paging interconnection agreement between Qwest
ORDER NO. 30074
and Radio Service. Qwest alleges the agreement is non-discriminatory and is consistent with the
Mobile Order and the federal Telecommunications Act.
Staff reviewed the proposed interconnection agreement and believes it is consistent
with the FCC's decision in the Mobile case. Given the circumstances, where Radio Service
has not responded to Qwest's efforts to initiate discussions for an interconnection agreement , and
failed to respond to the Commission s Notice issued on May 9, 2006, we find it appropriate to
issue an Order approving the interconnection agreement (Exhibit B to Qwest's Petition) between
Qwest and Radio Service Company, and dismissing Qwest's Petition as to Gem State
Communications. According to the record, Qwest was diligent in attempting to initiate
interconnection discussions with Radio Service Company, which did not even respond to the
Notice issued by the Commission. The agreement attached to Qwest's Petition as Exhibit B
apparently satisfies the FCC's requirements in the Mobile Order and meets the standards for
an interconnection agreement stated in 47 US.C. 9252.
ORDER
IT IS HEREBY ORDERED that Qwest's Motion to Dismiss its Petition as to Gem
State Communications is granted, and Gem State Communications accordingly is dismissed from
this case.
IT IS FURTHER ORDERED that the agreement attached as Exhibit B to Qwest'
Petition is approved as the interconnection agreement between Qwest and Radio Service
Company.
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. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code 9 61-626.
ORDER NO. 30074
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
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day of June 2006.
MARSHA H. SMITH, COMMISSIONER
~SIONER
ATTEST:
Je D. Jewell
C . mission Secretary
bls/O:QWE- T -06-- ws2
ORDER NO. 30074